Bombay High Court Orders Status Quo On BMC's Order Cancelling Hotel Permission To Shiv Sena (UBT) MLA Ravindra Waikar

The Bombay High Court on Monday granted temporary relief to MLA Ravindra Waikar from Shiv Sena (Uddhav Balasaheb Thackeray) party and directed status quo for two weeks regarding cancellation of permission granted to him and four others to build a luxury hotel in Mumbai.

A division bench of Justice Sunil Shukre and Rajesh Patil however objected to certain statements made by Waikar in his petition and asked why was the issue being politicized.

However, the bench directed the BMC to respond to the plea filed by Waikar and four others, and posted the matter after two weeks.

In the petition filed through advocate Joel Carlos the petitioners claimed that in 2004 they (occupiers) entered into an agreement with BMC and owners of an 8000 sq meter land to keep 67% area under reservation, open and permission was granted to develop the remaining land. The following year they purchased the land in Jogeshwari.

According to the 2034 Development Control and Promotion Regulation they were allowed to use FSI after handing over 70% of area to BMC. Waikar claimed in 2020 they handed over the area to BMC and applied for permission afresh.

In 2021 BMC granted Waikar and the other petitioners development permission and subsequently they were also issued a commencement certificate. However, in 2022 BMC’s law officers asked him to submit documents for verification, the plea states. It adds that finally on June 15, 2023 the permission granted to him was cancelled.

Waikar claims that principles of natural justice were not followed and he wasn’t issued a show cause notice before development permission was cancelled. Moreover, the order wasn’t reasoned, he said.

Senior advocate Milind Sathe for BMC said the petitioners only had permission for construction till plinth level and not beyond.

In response to the court’s query whether the petitioners could apply for permissions for constructions beyond plinth level, Sathe said that with cancellation order, application for permission for remaining parts would not be processed. Moreover they would have to make a fresh application for the entire construction, he said.

The bench then ordered, "In the interest of justice that status quo will be maintained. Parties to maintain the status quo till the next date on the communication."

Click Here To Read/Download Order