The permission given to Shiv Sena (UBT) MLA Ravindra Waikar to construct a luxury hotel in Jogeshwari was revoked as he allegedly suppressed facts while seeking the BMC’s nod. This information is part of the BMC’S affidavit filed before the Bombay High Court in response to the petition filed by Waikar, his wife Manish Waikar and business partners Asoo Nihalani, Amardeep Singh Bindra and Raj Lalchandani.
Waikar and his partners have alleged that the permission was cancelled without giving them a show cause notice or a hearing, which is against the “principle of natural justice”. The BMC, however, said that a show cause notice was issued on February 8 this year. The BMC said that the petitioners obtained the permission in January 2021 and the commencement certificate on February 26, 2021, by suppressing the facts that the reservation / designation on the plot as placed in the 1991 Development Plan had already been implemented as per the policy that time.
The Development Plan 2034 only showed the existing position and it was not open for the petitioner to claim to develop the reservation / designation as if it was put for the first time, the BMC said. On June 15 this year, the civic body cancelled the permission stating that earlier development permissions were not disclosed and that the commencement certificate (CC) has lapsed.
In 2005, Waikar had purchased the entire plot of land from Amrohis for Rs3 lakh and acquired the title to the plot measuring 8,000 sq mt. Later in 2021, he sought permission to develop 30% of the plot as per the Development Plan 2034. The BMC has said that there is a restriction on development of the property as mentioned in the tripartite agreement, which was signed in 2004, between the Amrohis, BMC and Waikar. As per the BMC’s affidavit in court now, that agreement has not been set aside.
Justifying the permission, the BMC said that the petitioners submitted the proposal in online format as per rules, which was later processed.
In view of the past events, i.e. reservation in 1991 DP having already been implemented, the petitioner was not entitled to submit such a proposal, the BMC said.
Besides, the civic body said that a commencement certificate was issued on February 26, 2021 with zero FSI and hence it is not a planning permission on the basis of that.
Case Details
Land originally owned by Mahal Pictures Pvt Ltd (Amrohis)
2002 Mahal Pictures approached the BMC requesting that they be allowed to develop the plot as per the prevailing Development Plan
In March 2002 BMC allowed them to develop 33% of the land and relinquish the balance 67%.
Waikar then was in possession of part of the 33% land.
Feb 9, 2004, Tripartite agreement signed between Amrohis, BMC and Waikar
Agreement: Develop 67% of the plot area for its designated public purpose and for unrestricted use of the general public
Remaining 33% would be used by the owners/ occupiers (Amrohis and Waikar)
Construction on the balance 33% as per DP
