Kirit Somaiya moves Bombay HC against cabinet waiver of Rs 3.3 crore fine imposed on Shiv Sena MLA’s housing project
Of the 2,707 square metre that has been constructed, the developer has built 2,089 sq metre without any permission and has constructed 13 floors. He had also asked for a regularisation in 2013 and 2014, Somaiya said.
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Somaiya claimed that the cabinet decision did not show any legal provision to waive off such a penalty. (File Photo)BJP MP Kirit Somiaya Friday approached the Bombay High Court with a PIL challenging the state cabinet resolution of January which gave a waiver of a fine of Rs 3.33 crore along with interest on penalty levied on illegal floors of a housing project called Chhabhaiya Vihang Garden. The residential project was built by Shiv Sena’s Thane MLA Pratap Sarnaik’s Vihang group. Sarnaik is presently facing an Enforcement Directorate probe in a money laundering case.
As per Somaiya, the “illegal” resolution was passed by the cabinet to waive off the Rs 18 crore penalty. He also said that state and the Thane Municipal Corporation’s decision to protect Sarnaik from criminal proceedings under the Maharashtra Regional and Town Planning (MRTP) Act for construction of the building is against the law.
The fine was imposed on Sarnaik by the Thane Municipal Corporation. Of the 2,707 square metre that has been constructed, the developer has built 2,089 sq metre without any permission and has constructed 13 floors. He had also asked for a regularisation in 2013 and 2014, Somaiya said.
The Thane Municipal Corporation had then fined him Rs 3.33 crore and said if it was not paid in six months, he would be charged an additional penalty at a rate of 18 per cent. The state government, however, decided to waive off the fine later.
Somaiya claimed that the cabinet decision did not show any legal provision to waive off such a penalty. He added that he had also approached the Lokayukta and the Governor of Maharashtra and added that the Thane Municipal Corporation in its response to the Lokayukta had on record said that the construction was illegal and an action was being taken against the same.
“The respondents have completely failed in performance of their duty and have acted in connivance with respondent V N Developers, a partnership firm of Sarnaiks, in order that the money so waived off could not come to the public body,” Somaiya said and sought from court to declare the cabinet resolution as illegal and demanded the documents pertaining to the “illegal” constructions be produced before the court.
The PIL also sought to appoint a court commissioner to verify the legality of the procedure followed by the authorities while giving permissions to the project and find out if the Occupation Certificate (OC) was given to the said building and as to why was action under the MRTP Act not taken by the authorities. The PIL also sought guidelines to the state legislators to strictly follow rules and laws like common citizens. The High Court will hear the PIL in due course.
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