MUMBAI: Bombay high court on Monday directed BrihanMumbai Municipal Corporation (BMC) not to take any action against an eight-storey Juhu residence of Union minister Narayan Rane Narayan Rane till further orders and directed Kaalkaa Real Estates, a closely held Rane family concern to not carry out any further construction on the plot till August 23, when it will hear the matter again.
The HC bench of Justices R D Dhanuka and Kamal Khata asked the BMC represented by senior counsel Anil Sakhare to file a reply informing whether it was ready to consider the second application and on its maintainability.
The HC was hearing a petition filed by Kaalkaa seeking directions to the BMC to consider its second plea filed on July 11 for regularisation of parts of the eight storey residential building in Juhu called, ‘Aadish bungalow’.
On July 19, the HC adjourning the matter had asked the company’s counsel Shardul Singh to show if such plea was maintainable now. The BMC had earlier on June 3 rejected the company’s plea for regularization and on June 23 the HC had dismissed a plea against such civic rejection but had granted a six-week protection from any “coercive action’’ including demolition. The HC had at the time observed that when prima facie the construction was unauthorized, question of political vendetta as contended by the owner of the residence, doesn’t arise.
On Monday, Singh argued that there can never be a blanket ban on successive applications for regularisation. “It will stall town planning and development, if that happens,’’ he submitted. He said the building construction which BMC issued a notice for in February to the building owners and occupiers for illegal construction in violation, “is not on public road or property and does not cause public nuisance, health hazard or inconvenience.’’
He also added that the planning authority powers are administrative in nature not quasi-judicial and therefore can always be reconsidered. The second plea seeks to invoke new provisions under the DCR 2034.
The BMC had sought court orders to consider the second regularization plea since HC.
The HC bench of Justices R D Dhanuka and Kamal Khata asked the BMC represented by senior counsel Anil Sakhare to file a reply informing whether it was ready to consider the second application and on its maintainability.
The HC was hearing a petition filed by Kaalkaa seeking directions to the BMC to consider its second plea filed on July 11 for regularisation of parts of the eight storey residential building in Juhu called, ‘Aadish bungalow’.
On July 19, the HC adjourning the matter had asked the company’s counsel Shardul Singh to show if such plea was maintainable now. The BMC had earlier on June 3 rejected the company’s plea for regularization and on June 23 the HC had dismissed a plea against such civic rejection but had granted a six-week protection from any “coercive action’’ including demolition. The HC had at the time observed that when prima facie the construction was unauthorized, question of political vendetta as contended by the owner of the residence, doesn’t arise.
On Monday, Singh argued that there can never be a blanket ban on successive applications for regularisation. “It will stall town planning and development, if that happens,’’ he submitted. He said the building construction which BMC issued a notice for in February to the building owners and occupiers for illegal construction in violation, “is not on public road or property and does not cause public nuisance, health hazard or inconvenience.’’
He also added that the planning authority powers are administrative in nature not quasi-judicial and therefore can always be reconsidered. The second plea seeks to invoke new provisions under the DCR 2034.
The BMC had sought court orders to consider the second regularization plea since HC.