Updated: July 26, 2022 2:00:03 am
The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) not to take action against an eight-storey bungalow in Juhu that is owned by Union minister and BJP leader Narayan Rane till further orders. The court also directed Rane to not carry out any further construction at the plot till the next date of hearing, August 23.
A bench of Justices Ramesh D Dhanuka and Kamal R Khata passed the order while hearing a petition filed by Rane-owned Kaalkaa Real Estates seeking directions to the corporation to decide on its second application for regularising the alleged unauthorised structures at the bungalow. The application was filed in accordance with various provisions of the Development Control and Promotion Regulations (DCPR)-2034. However, the company was informed that as per a June 23 order of the high court, the corporation required a direction from the court to consider the application for regularisation.
Last month, the court dismissed Kaalkaa Real Estates’ petition challenging the corporation’s refusal to regularise the Juhu bungalow. But the court extended protection from “coercive action” for the bungalow by six weeks, thus enabling his company to challenge the order in the Supreme Court.
The corporation issued a notice to Kaalkaa Real Estates in March directing it to remove alleged unauthorised construction on the premises within 15 days, failing which it would demolish those portions and recover the charges from the owners or occupiers. The notice was challenged before the high court, which directed the corporation not to proceed with any coercive action till it decided on the regularisation application. The corporation on June 3 rejected the application, a decision that was questioned in the court, which rejected the company’s plea on June 23.
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The court was on July 19 informed that Kaalkaa Real Estates’ architect filed a new application as per DCPR-2034 on July 11, considering the plot’s floor space index, as was factored while granting permission to get an occupation certificate. The firm said it was not part of the earlier application for regularisation.
Kaalkaa Real Estates, through advocate Shardul Singh, said that it was informed by the corporation that due to the June 23 high court order, it could not consider a new application without a court order. The company, however, said that there was no prohibition in law on filing a fresh application for building permission.
On Monday, the court asked the corporation to submit an affidavit stating whether it could consider the second regularisation application and whether the firm’s plea was maintainable.
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