Fresh Plea In Bombay High Court To Save Parts Of Union Minister Narayan Rane's Residence From Demolition

The petition filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane, has sought directions to the BMC to consider a fresh permission proposal under section 342 of the Mumbai Municipal Corporation Act and in the interim, a stay on demolition.

The matter will be heard by a bench led by Justice RD Dhanuka. 

Various objections and previous grounds for rejections have been considered in the fresh proposal citing the recent development control regulations. The changes proposed in plans are in the form of computation of FSI and within the earlier approved footprint of the building, the plea states.

On June 23, the Bombay High dismissed the second petition filed by Rane's family's company challenging BMC's refusal to regularise the unauthorised portions. "Since (prima facie) construction carried out is totally unauthorised, the question of political rivalry does not arise," the bench observed.

Kaalkaa was however granted a six week stay on demolition and filed he fresh proposal earlier this month.

The BMC alleges that Rane has utilised built up area 2065 square meters which is three times the approved permissible area of approximately 745 square meters. The building was granted occupation certificate in 2013, and the Development Control and Promotion Regulation (DCPR) 2034 under which Rane is seeking relief, came into force in 2018.

"It is evident that the construction at the said premises is well within the contours of law and does not exceed the permissible FSI under the provisions of DCPR 2034," the plea states.

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.