The Bombay High Court on Monday while restraining the Brihanmumbai Municipal Corporation (BMC) from taking any coercive action against the alleged unauthorised portion of the Union Minister Narayan Rane’s Aadish Bungalow in suburban Juhu, has directed the minister from carrying out further construction in his bungalow.
A division bench of Justices R D Dhanuka and Kamal Khata also directed the BMC to file an affidavit explaining the legal grounds under which it can consider Rane’s second application for regularisation of portions of his bungalow after the civic body had last month rejected such plea saying the construction was “prima facie illegal”.
The HC is hearing a petition filed by Kalkaa Private Limited, a company owned by Rane and his family, seeking direction to the BMC to hear fresh application for regularisation of portion of the Aadish Bungalow.
This is the second round of pleas by Kalkaa seeking regularistiaon of portion of the bungalow.
The HC, on June 22, had dismissed Rane’s plea challenging the BMC's refusal to regularise portions of his eight-floor residence.
Rane had claimed that the BMC, controlled by the Shiv Sena, rejected his regularisation application out of political vendetta. However, the BMC contended that the minister flouted sanction plans and misused over 300 per cent of the Floor Space Index (FSI) for the bungalow and hence had rejected his first application for regularisation.
Advocate Shardul Singh, advocate for Rane, argued that in the second application, the minister was seeking regularisation of a smaller portion as compared to what he had sought previously, and under new provisions of the Development Control and Promotion Regulation 2034. He further contended that “irrespective of his stature”, Rane was a mere individual in the present case asking that portions of his residence be regularised.
Singh argued: “The present case is of a person's residence. It doesn't affect a public space or endanger the public. I am not creating a commercial venture. I am not a commercial builder but a private person.” He further contended that Rane was willing to be subjected to supervision to ensure no rules were flouted during the regularisation.
To this, justice Dhanuka remarked: “The provision for regularisation of a private residential structure doesn't give one a license to construct illegally.”
BMC's counsel Anil Sakhare told the court that the civic body will subject Rane's application to a set procedure before granting any permission.
“We will be scrutinising the application, raising queries, issuing Intent of Disapproval, compliance with the IOD requirements, and then the regularisation application can be approved,” he said.
The HC has kept the matter for hearing on August 23.