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Breaking: Bombay High Court Orders Demolition of Illegal Portions of Union Minister Narayan Rane's Residence Within Two Weeks
Sharmeen Hakim
20 Sep 2022 6:03 AM GMT
The Bombay High Court has refused to direct BMC to consider regularising 300% additional construction at Union Minister Narayan Rane's Juhu residence.Justices RD Dhanuka and Kamal Khata said that the corporation is "bent upon" considering the application (for regularisation) irrespective of the provisions of law. However, allowing the petition would be "encouragement" of wholesome...
The Bombay High Court has refused to direct BMC to consider regularising 300% additional construction at Union Minister Narayan Rane's Juhu residence.
Justices RD Dhanuka and Kamal Khata said that the corporation is "bent upon" considering the application (for regularisation) irrespective of the provisions of law. However, allowing the petition would be "encouragement" of wholesome unauthorised construction.
"They have admittedly constructed three times the permissible limit, also without CRZ permission," the bench observed while imposing cost of Rs. 10 lakh on the Petitioner-company, owned by Rane's family. The cost shall be paid to Maharashtra State Legal Services Authority within two weeks.
"We have given two weeks time to demolish the structure," Justice Dhanuka said refusing to order status quo.
The court was dealing with a second petition filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane, seeking permission for BMC to consider a second regularisation application under section 44 of the Maharashtra Region and Town Planning Act ( MRTP Act).
It had reserved the petition for orders on August 23, 2022.
A bench headed by Justice Dhanuka had dismissed Kaalkaa's earlier petition on June 23, 2022 and upheld BMC's refusal to regularise 2/3rd illegal portions within the bungalow. The civic body alleged that Rane had utilised the built up area of 2065 square meters which is three times the approved permissible area of approximately 745 square meters.
However, this time around the BMC itself showed it's willingness to reconsider Rane's application under the new Development Control and Promotion Regulation (DCPR) 2034 despite the bungalow receiving an Occupation Certificate (OC) under the old rules.
"Does the order passed by this court have no sanctity? This will be endless otherwise. Is the corporation sitting above the High Court? This is your stand, we will have to examine it," Justice Dhanuka had said during the last hearing.
The BMC also said that all demolition decisions would be suspended pending regularisation. Kaalkaa's second plea was filed after a change in government in the State of Maharashtra.
During the hearing, Senior Advocate Anil Sakhare gave the break up. He said 226 sq meter additional FSI can be claimed by paying a premium to the State government, additional permissible TDR 538.18 sq meters can be purchased from the market, and 399 sq meters can be availed by handing over area for project affected tenements within 5 kms of the original plot.
"Is this scheme available only to the petitioner or everyone?" the court asked.
The BMC responded in the affirmative. Sakhare said the present application is on different provisions of the DCPR act. He added that the MRTP Act, BMC Act and DCPR were all silent on the threshold of irregularity that can be regularised.
Advocate Shardul Singh for Rane assured the court that there wouldn't be any delays in fulfilling his undertaking and it would be done within 60 days after he received the Intimation of disapproval (IOD) from the government.
Background
In March 2022 the Brihanmumbai Municipal Corporation (BMC) had issued orders against Aadish Bungalow in Juhu asking the owners/occupiers to demolish illegal extensions to the bungalow on their own; in case the owners/occupiers fail to do so, the BMC would go ahead and carry out the said demolition and recover the cost from the owners/occupiers.
In March, the Bombay High Court restrained Mumbai's civic body from taking action against the bungalow in which Union Minister Narayan Rane lives with his family till an application to regularise the alterations is decided and for three weeks thereafter.
The company made an application for regularisation of portions of the premises alleged to be in contravention by making a payment, while contending that there were no contraventions.
The BMC rejected the application on June 3. And Kaalkaa Real Estates Pvt Ltd approached the court against the order.
Citation : 2022 LiveLaw (Bom) 338
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