Mumbai: Shiv Sena (UBT) legislator Ravindra Waikar has approached the Bombay High Court challenging the BMC’s decision to cancel permission granted to him in January 2021 to construct a five-star hotel in Jogeshwari on reserved land.
The petition filed by Waikar, his wife Manish Waikar and business partners Asoo Nihalani, Amardeep Singh Bindra and Raj Lalchandani alleges that the permission was cancelled without giving them a show cause notice or a hearing, which is against the “principle of natural justice”.
The petition was mentioned by their advocate Joel Carlos before a division bench of Justices Sunil Shukre and Rajesh Patil. Considering the urgency of the matter, the HC has kept the matter for hearing on June 21.The BMC, on June 15, passed an order cancelling permission granted for a luxury hotel stating that earlier development permissions were not disclosed and as the commencement certificate (CC) has lapsed.
Permission was granted in January 2021
Calling the BMC order as “arbitrary, illegal and mala fide”, the petition states that the civic body had made up the excuse of the CC having lapsed, since a CC does not require a renewal.
According to the petition, in February 2004, there was agreement between the BMC and the petitioners, who were occupiers of part of the land, to keep 67% of the area under reservation open.
On June 18, 2005, the petitioners purchased the land. As per the new DCPR, the petitioners claimed that they were entitled to use the FSI as per the DCP by handing over 70% of the land to the BMC.
On October 12, 2020, the petitioner decided to give up 70% of land and apply to the BMC afresh for development by demolishing the existing area. On December 5, 2020, petitioner’s proposal was approved clearly noting by the then chief engineer referring to the area to be handed over to the BMC.
The BMC granted permission for construction on January 20, 2021, with the necessary Intimation Of Disapproval and CC. In November last year, the BMC law officer asked Waikar to submit relevant documents for verification.
Waiker alleges permission cancelled by BMC despite reply
Waikar claimed that he was informed on February 8 that there was some complaint regarding the online proposal. Despite his architect replying to the communication, Waikar alleged that the permission was cancelled by the BMC “without complying with the principles of natural justice”.“That the impugned order does not deal with the clarification provided by the Petitioner and gives cryptic reasoning that facts were not disclosed and is thus an order without any analysis or reasons,” adds the petition.
Seeking quashing of the cancellation order, the petition states that the letter cancelling the development permission is without any show cause or in compliance of any principles of natural justice and is therefore manifest, arbitrary, unjust and mala fide.
“The petitioners state that petitioner No 1 being from a rival political party does not expect any justice before his political rival persons hearing the appeal,” it added.
Pointers:
Feb 2004: Agreement between BMC and petitioners, who were occupiers of part of the land, to keep 67% of the area under reservation open
June 18, 2005: Petitioners purchase the land. As per the new DCPR, the petitioners claim they are entitled to use the FSI as per the DCP by handing over 70% of the land to the BMC
Oct 12, 2020: Petitioner decide to give up 70% of land and apply to the BMC afresh for development by demolishing the existing area
Dec 5, 2020: Petitioner’s proposal approved
Jan 20, 2021: BMC grants permission for construction, with the necessary Intimation Of Disapproval and CC.
