Observing that it was not a case of political vendetta, the Bombay High Court on Thursday dismissed a petition filed by Union Minister Narayan Rane challenging the city’s civic body’s order on alleged unauthorized parts of his residential bungalow. An application for regularization was rejected. Suburban Juhu. A bench headed by Justice RD Dhanuka said that Rane’s plea, which claimed political vendetta behind the civic body’s order, was “devoid of merits and dismissed.” However, after Rane’s counsel, senior advocate Milind Sathe, sought time to file an appeal against the HC order, it stayed the implementation of its order for six weeks.
The bench restrained the Brihanmumbai Municipal Corporation (BMC) from taking any coercive action against BJP leader Rane at the Juhu bungalow for a similar period of six weeks. Rane approached the High Court on Wednesday. The BMC on April 7 rejected their application to regularize and maintain parts of the bungalow, which, according to the civic body, were in violation of municipal and waterfront area norms.
The BMC submitted through senior advocate Espy Chinoy and advocate Joel Carlos that Rane made changes in the open areas and converted them into usable, closed structures. It is also said that the Union Minister was given a Occupation Certificate in 2013 for his bungalow, which was built on an area of 745 square metres, at present the structure raised the FSI limit to three times, which was initially approved.
Floor Space Index (FSI) is the maximum permissible floor area that can be built on a particular plot or piece of land. If the FSI permissible is 1.0, then only 1,000 sq ft can be constructed on a 1,000 sq ft plot. The total plot area is 2,209 square metres. Rane has leases for 1,187 of these 2,209. They were given FSI for 745 square meters and they sought permission to build a property of 745 square meters,” said Chinoy.
“However, today the FSI is 2249 instead of 745,” he told the court. However, advocate Sathe argued that he was entitled to claim additional FSI as he had a lease for 1,187 square meters of the plot.
He said the political rivalry between Rane and Maharashtra Chief Minister Uddhav Thackeray led to the BMC rejecting his application for regularisation. The BMC officer, who rejected the application for retention and regularization, did so because his brief from the higher authorities was to be rejected because of political vendetta, especially because of my (Rane’s) tussle with the chief minister,” advocate Sathe said. Told.
Chinoy denied any wrongdoing and said that the body has acted as per the law. But you should not get the special privilege of violating the law just because you are a politician,” said Chinoy.
The HC, however, held that the BMC was right in not regularizing Rane’s addition construction and alterations to the bungalow, as he had already utilized all the FSI granted to him at the time of approval of his sanction plan. Completely unauthorized, the question of political rivalry between Shiv Sena (headed by Uddhav Thackeray) and any other party does not arise behind the BMC notice,” the HC said.
“The Supreme Court in several judgments has held that all applications for regularization have to be decided in accordance with law. In the present case, the BMC cannot consider the entire plot for granting additional FSI, when occupation certificate was given for only 745 sq. meter area,” said the BJP leader while rejecting the petition.
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