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Synopsis

A division bench of the Bombay High Court comprising Justice R.D Dhanuka and Justice Kamal Khata on Tuesday directed the Municipal Corporation of Greater Mumbai to demolish the unauthorized construction carried out by Union minister Narayan Rane.

The case pertains to a plea filed by Narayan Rane’s family seeking directing to consider its application for regularisation of their bungalow situated at Juhu beach. The petitioners were issued notice by the BMC in March 2022, subsequent to which an order was passed by BMC to demolish the illegal structure. Subsequent to this, an application for regularization was filed by the petitioners. The petitioners then approached the Bombay High Court, and the court directed the authorities not to take any coercive steps against the petitioners. Thereafter, the said application for regularisation was rejected by the BMC and after which, it was challenged by Rane which was dismissed by High Court.

The petitioners then filed a fresh application for regularization and moved the high court to direct the BMC not to take any coercive steps. The court enquired to the BMC as to if they can consider a second application after an earlier similar application had been decided by the BMC on merits and upheld by the High Court. The BMC had submitted before the court that the fresh application could be considered in accordance with the provisions of the law.

However, the court was not convinced by the argument that a fresh application could be considered even though the earlier application was decided by the BMC on merits and upheld by the High Court.

Therefore, while ordering the demolition, court stated that the corporation had overlooked the provisions of the law and principles laid down by the Supreme Court by considering the second application filed by Rane. The court stated,

“The Corporation cannot be allowed to take such an inconsistent stand and more particularly when the earlier order had been upheld by this Court”

Court also stated that if such an application is allowed by the corporation that is bent on considering the second application irrespective of the extent of violation of provisions of law committed by the petitioners, any such order passed by this Court would amount to the encouragement of the wholesale unauthorized construction which would be a violation of Municipal Corporation Act, MRTP Act, and Development Control Regulation.

The Court stated,

“If accepted, 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 High Court while dismissing the petition and directing demolishing also imposed of cost of Rs. 10 lakh on the petitioner which is to be paid to the Maharashtra Legal Service Authority within two weeks of the order. The court also rejected the plea by the advocate for the petitioner that ad-interim relief should be extended till the petitioners approach the Supreme Court.

Case Title: Kaalkaa Real Estates Private Limited & Anr. Vs. Municipal Corporation of Greater Mumbai & Ors.