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The Bombay High Court while ordering the demolition had observed that “If accepted (the plea), will amount to the encouragement of the widespread/large scale violation of provisions of law and invite wrongdoer to carry out any extent of unauthorized construction in the City of Mumbai without any fear of penal action".
The Supreme Court today dismissed an SLP filed by Union minister Narayan Rane challenging the Bombay High Court's recent order directing the Municipal Corporation of Greater Mumbai to demolish the unauthorized construction carried out by him at his Juhu bungalow.
The demolition was ordered by a division bench of the Bombay High Court comprising Justice R.D Dhanuka and Justice Kamal Khata in a plea filed by Narayan Rane’s family seeking direction to consider its application for regularisation of their bungalow situated at Juhu beach.
The High Court while dismissing the petition had also imposed of cost of Rs. 10 lakh on Rane and rejected his plea for extending ad-interim relief till he approached the Supreme Court.
Today, the Supreme Court heard a plea filed by Rane's family-owned company, Kaalkaa Real Estates Pvt. Ltd., seeking interim directions that a stay be granted against the High Court judgment and also of orders of the Municipal Corporation.
It was petitioner's case that after obtaining necessary permissions from the Municipal Corporation for Greater Mumbai (“MCGM”), the construction of a residential premises known as ‘Aadish Bungalow’ was carried out and after completion of the said construction, an Occupation Certificate was issued on 23rd January 2013.
Later, MCGM issued various Notices under Section 351 (IA) of the Mumbai Municipal Corporation Act, 1881 alleging that some parts of the Bungalow were unauthorised and alleged change of user of the said parts, the petitioner's counsel submitted.
After hearing the petition, a bench of Justices SK Kaul and Abhay S Oka granted three months' time to Rane to bring the residential building in compliance with the applicable laws, failing which the Impugned Judgement of the Hon’ble Bombay High Court dated 20.09.2022 has been directed to be implemented.
Senior Advocates Mukul Rohatgi and Satish Manshinde argued the matter on behalf of Rane along with, Advocates Shardul Singh, Prerna Gandhi and Shreeyas Lalit, Senior Partner Ruby Singh Ahuja along with Advocates Deepti Sarin, Hancy Maini and Lakshya Khanna appeared from Karanjawala & Co.
Case Title: Kaalkaa Real Estates Private Limited & Anr. vs. Municipal Corporation of Greater Mumbai & Ors.
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