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Synopsis

A division bench of the Bombay High Court comprising Justice Sunil B Shukre and Justice Rajesh Patil on Wednesday remarked that an attempt is being made to politize the issue in a plea filed by MLA Ravindra Waikar of the Uddhav Thackeray Faction challenging the cancellation of development permitted by the BMC of his 5-star hotel in Jogeshwari, Mumbai. 

The high court while referring to para 34 of the petition stated that Waikar being from a rival political party did not expect any justice from his political rival persons.

The bench responded to this, "Attempt is being made to politicise the issue. Why?" 

Senior Advocate Aspi Chinoy appearing for Waikar requested the court to allow him to delete the said para which was allowed by the bench. 

Senior Advocate Milind Sathe appearing for the BMC submitted that Waikar did not have permission to construct above the plinth level and that the earlier permission granted was up to the plinth level only. He further submitted that BMC would not process his application and would file a reply to the petition.

The high court sought a reply from the BMC and also directed the parties to maintain the status quo. 

Waikar had filed a plea before the high court on the grounds that the corporation had cancelled the development permission without any show cause notice and in violation of the principles of natural justice and therefore he argued that the same was arbitrary, unjust and malafide. 

His plea stated that Waikar was not put to notice of the proposed action by the BMC. 

"That the impugned order states that the development permission is cancelled with the approval of the Municipal Commissioner while the Petitioner was never put to notice about such action proposed and is still not given copy or reasons based on which such an order is issued," the plea stated.

The court granted 2 weeks of time to BMC to file its reply to Waikar's petition.

Case title: Ravindra D Waikar vs MCGM