In a reprieve to Union minister Narayan Rane, the Maharashtra government on Tuesday told the Bombay High Court that it has decided to withdraw the notice issued for demolishing certain allegedly illegal sections in his plush eight-storey bungalow at Juhu. The state has, however, said all contentions in the matter are to be kept open.
A bench of Justices Amjad Sayed and Makarand Karnik accordingly disposed of the petition filed by Rane challenging the notice on ground of alleged illegal constructions and for being in violation of the Coastal Regulation Zone (CRZ).
Notably, on March 21, the sub-divisional officer (SDO, western suburbs), through district collector, had issued a notice for demolition.
In his plea, Rane claimed that since he holds shares in the Kaalkaa Real Estate, he has been residing in the bungalow. However, the notice was issued in the name of Artline Properties Private Limited which was amalgamated with Kaalkaa in 2017 via orders of the National Company Law Tribunal (NCLT).
The notice asked Rane to rectify the unauthorised constructions before March 28 or else the officer would himself remove the same.
Rane contented that the district coastal zone management committee does not have the power to issue such a notice as the same is premised on a government regulation (GR) of 2011. The minister claimed that the said GR doesn’t apply to matters relating to buildings and that the same are regulated only by the BMC. He also argued that no opportunity of hearing was given to him.
“The acts of the state authorities are clearly in breach of my fundamental rights and its shareholders / beneficial owners enshrined under Article 14 and 21 of the Constitution and hence liable to be set aside. The impugned order is passed in complete contravention to the principles of natural justice,” Rane contented.
On Tuesday, advocate general Ashutosh Kumbhakoni for the state government made a statement before the bench to withdraw the notice in question.
“Reserving right to take action, if as also ‘as and when’ found requisite, albeit, in accordance with law the March 21 order, is hereby withdrawn. All contentions of all the parties to the present proceedings, be expressly kept open for consideration if as also ‘as and when’ such action is taken,” the AG stated before the bench.
Further, Kumbhakoni also said that with his statement, the cause of action in filing present plea did not survive and therefore the plea be disposed of as infructuous by keeping contentions of the parties expressly open. The bench took the statement on record and disposed of the plea.
It wouldn’t be out of place to mention that on March 22, the HC had ordered the authorities not to initiate any coercive action against Rane’s bungalow.
