MUMBAI: The Bombay HC on Tuesday directed the Brihanmumbai Municipal Company (BMC) to demolish unauthorised parts of Union minister Narayan Rane’s Juhu residence ‘Aadhish’ inside two weeks and imposed a price of Rs 10 lakh on Kaalkaa Actual Estates Pvt Ltd, a Rane household concern, which had utilized for regularisation of these components.
“The proposed retention of unauthorised work, if accepted, will quantity to encouragement of the widespread violation of provisions of legislation and invite wrongdoer to hold out any extent of unauthorised development in Mumbai with out worry of penal motion,” mentioned Justices Ramesh Dhanuka and Kamal Khata.
They dismissed with value the petition by Kaalkaa Actual Estates and a director.
The quantity shall be paid inside two weeks to Maharashtra Authorized Providers Authority.
The judges rejected the petitioners’ July 11 software made to the BMC for regularisation/retention of the unauthorised development.
The decision was given on the petition to direct BMC to think about the second software of July 11. The primary software was rejected by BMC on June 3 and upheld by HC on June 23.
The petition said BMC had mentioned it might require a course from the HC to think about a recent software. In August, the HC had questioned BMC over its willingness to think about Rane’s second software regardless of the civic company’s earlier rejection of his plea.
Notices have been served by BMC to the Ranes in February-March this 12 months, when MVA was in energy, and the primary regularisation plea was rejected whereas Uddhav Thackeray was CM. In June finish, the brand new Shinde-Fadnavis authorities took over.
The BMC had in its March 4 discover identified a number of ‘modifications of use’ within the basement and on all however the seventh ground of the eight-storey residence.
The judges in Tuesday’s order mentioned they have been “astonished” by BMC’s stand and the argument by senior advocate Anil Sakhare that there isn’t any bar on the variety of purposes for regularisation, regardless of quantity of unauthorised development.
They mentioned this stand is “ex-facie unlawful” and if accepted, “each inch of land of Mumbai, even when developed in breach of sanction plan and different provisions of legislation, could be tolerated by the municipal company”.
“The proposed retention of unauthorised work, if accepted, will quantity to encouragement of the widespread violation of provisions of legislation and invite wrongdoer to hold out any extent of unauthorised development in Mumbai with out worry of penal motion,” mentioned Justices Ramesh Dhanuka and Kamal Khata.
They dismissed with value the petition by Kaalkaa Actual Estates and a director.
The quantity shall be paid inside two weeks to Maharashtra Authorized Providers Authority.
The judges rejected the petitioners’ July 11 software made to the BMC for regularisation/retention of the unauthorised development.
The decision was given on the petition to direct BMC to think about the second software of July 11. The primary software was rejected by BMC on June 3 and upheld by HC on June 23.
The petition said BMC had mentioned it might require a course from the HC to think about a recent software. In August, the HC had questioned BMC over its willingness to think about Rane’s second software regardless of the civic company’s earlier rejection of his plea.
Notices have been served by BMC to the Ranes in February-March this 12 months, when MVA was in energy, and the primary regularisation plea was rejected whereas Uddhav Thackeray was CM. In June finish, the brand new Shinde-Fadnavis authorities took over.
The BMC had in its March 4 discover identified a number of ‘modifications of use’ within the basement and on all however the seventh ground of the eight-storey residence.
The judges in Tuesday’s order mentioned they have been “astonished” by BMC’s stand and the argument by senior advocate Anil Sakhare that there isn’t any bar on the variety of purposes for regularisation, regardless of quantity of unauthorised development.
They mentioned this stand is “ex-facie unlawful” and if accepted, “each inch of land of Mumbai, even when developed in breach of sanction plan and different provisions of legislation, could be tolerated by the municipal company”.
