Holiday Inn:PMC seeks legal action

The civic officials are expected to argue with the Minister that the Ram Laxman Hotels Ltd had applied for amalgamation of two plots after the municipal corporation issued the notice to it on finding illegal development of the plot. The officials said the application could not entertained since the illegal structure had already come up on the original plot.

The hotel had violated DC rules by not leaving a margin of 10 feet between the two buildings. The concept of side margin would become meaningless if the PMC considered the application for amalgamation of the two plots, the officials said. They said the hotel had also constructed a room for security guard, store room for gas cylinders, discotheque, beauty parlour and a conference room illegally. “The total illegal construction of the hotel would be more than 5,000 square feet”.

The officials said the PMC would not hesitate to pull down the illegal portion of the hotel if the government vacates the stay. They also made it clear that they would think over other the legal option if the government did not vacate the stay or issued the order in favour of the hotel. Meanwhile, the Express Citizens’ Forum by a fax message sent to the Minister of State Urban Development has warned him that it would be illegal on his part if he hears the matter.

Faxing the representation on behalf of the ECF, Aroona Nafday, executive member, said the Ram Laxman Hotels Ltd have indulged in large-scale illegal developments on plots no. 262 B and 262 C of Sangamwadi TP scheme Pune. The letter said the municipal corporation, while taking a serious note of the same, issued notices to Ram Laxman Hotels Ltd under section 260 of Bombay Provincial Municipal Corporations Act 1949 (BPMC) and section 53 of the Maharashtra Regional Town Planning Act 1966 (MRTP).

It said, Ram Laxman hotels Ltd, subsequently, applied to the PMC for permission to amalgamate the plots 262 B and 262 C which are at present two plots, into one plot thereby seeking to protect the said illegal development. The letter has pointed out that the application was rejected by the PMC.

Nafday said, “fearing strict action against the illegal development, Ram Laxman hotels Ltd approached you with an appeal under section 47 MRTP Act 1966.” She said the minister has entertained the appeal and had stayed the PMC from proceeding in the matter by way of taking necessary action against the illegal development.

The message has raised four points: that the said appeal is not maintainable under section 47 of the MRTP Act 1966, the rejection of the application for amalgamation is also beyond the scope of section 47, the action initiated by the PMC is under section 260 of the BPMC Act 1959 and section 53 of the MRTP Act 1956. As such the same is beyond the scope of section 47 and there has been a misuse of statutory powers on the part of Minister in entertaining the appeal under section 47 and staying the hands of the PMC in the matter.

Nafday has advised the Minister to dismiss the said appeal forthwith and allow the PMC to proceed in the matter as per the requirements of law. The ECF has warned that it would be constrained to seek necessary constitutional relief if Mane heard the appeal and passed any order in favour of Ram Laxman hotels Ltd or in the event of continuing to stay the hands of the PMC in the matter.

The message has stated that in such an an eventuality, the ECF would not hesitate to proceed against Mane personally in order to recover the loss that it would be caused to ex-chequer as a result of his action.