There Is No Opposition, Court Left To Analyze Policy: Bombay HC Dissatisfied With BMC's Stand On Regularization Of Narayan Rane's Juhu Residence

The Bombay High Court on Tuesday expressed displeasure at the BMC's affidavit agreeing to consider regularising 300% additional construction of Union Minister Narayan Rane's Juhu residence.

Referring to BMC's previous decision refusing to regularise the illegal portions and his own order upholding the decision, Justice RD Dhanuka heading the division bench said:

"Does the order passed by this court have no sanctity? This will be endless otherwise. Is the corporation sitting above the High Court? This is your stand, we will have to examine it."

The court was dealing with a second petition filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane, seeking permission for BMC to consider a second regularisation application under section 44 of the Maharashtra Region and Town Planning Act ( MRTP Act.)

Pursuant to questions raised by the court during the previous hearing, the BMC filed its affidavit and answered all questions in the affirmative.

The BMC said Rane's application can be considered under the new DCPR 2034, enacted in 2013, despite the building getting an Occupation Certificate in 2013 under the earlier DCR.

Moreover, a second application under section 44 of the MRTP despite rejection of the first application on various grounds, including that there was 300% unauthorised construction, was maintainable.

Senior Advocate Anil Sakhare gave the break up. He said 226 sq meter additional FSI can be claimed by paying a premium to the State government, additional permissible TDR 538.18 can be purchased from the market, and 399 sq meters can be availed by handing over area for project affected tenements within 5 kms of the original plot.

"Is this scheme available only to the petitioner or everyone?" the court asked.

The BMC responded in the affirmative. Sakhare said the present application is on different provisions of the DCPR act. He added that the MRTP Act, BMC Act and DCPR were all silent on the threshold of irregularity that can be regularised.

Advocate Shardul Singh assured the court that there wouldn't be any delays in fulfilling his undertaking and it would be done within 60 days after he received the Intimation of disapproval (IOD) from the government.

Justice Khata then asked that if a person had an entire plot of land to himself, could he construct a 100 storey building and then wait for permission and satisfy the BMC on regularisation?

Say if he brings "FSI, TDR from 200 sources," Justice Dhanuka added before ruing at the fact that there seemed to be no opposition to the petition, and the court being left to interpret the policy.

"We will analyse to what extent regularisation can be allowed. We find from your affidavit there is no opposition," the court said before reserving the matter for judgement.

Background

In March 2022 the Brihanmumbai Municipal Corporation (BMC) had issued orders against Aadish Bungalow in Juhu asking the owners/occupiers to demolish illegal extensions to the bungalow on their own; in case the owners/occupiers fail to do so, the BMC would go ahead and carry out the said demolition and recover the cost from the owners/occupiers.

In March, the Bombay High Court restrained Mumbai's civic body from taking action against the bungalow in which Union Minister Narayan Rane lives with his family till an application to regularise the alterations is decided and for three weeks thereafter.

The company made an application for regularisation of portions of the premises alleged to be in contravention by making a payment, while contending that there were no contraventions.

The BMC rejected the application on June 3. And Kaalkaa Real Estates Pvt Ltd approached the court against the order.