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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
The Bombay High Court on Friday dismissed the plea filed by Uddhav Balasaheb Thackeray (UBT) MLA Ravindra Waikar challenging the BMC's refusal for the redevelopment of his luxury hotel.
The division bench of Justice Sunil B Shukre and Justice Rajesh Patil said that there was no merit in the petition.
"In view of the same, there is no merit in the present Writ Petition and the same is dismissed. There shall be no order as to costs," the bench said.
However, the bench stated its order for a period of 4 weeks allowing Waikar to approach the Supreme Court challenging the order.
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.
Senior Advocate Aspi Chinoy, representing Waikar, argued that the initial complaint had been lodged by Somaiya. Nevertheless, the Municipal Corporation of Greater Mumbai (MCGM) later concluded that the complaint lacked substance. Subsequently, six months later, Waikar received a communication from the MCGM requesting clarification. It was based on this clarification that the development permission was ultimately denied.
Senior Advocate Milind Sathe, representing the BMC, argued that Waikar did not possess the authorization to construct beyond the plinth level. He pointed out that the prior permission granted was limited to the plinth level exclusively. Additionally, he conveyed that the BMC would not proceed with processing his application.
Notably, in one of the hearings, the high court had observed that an effort seemed to be underway to politicize the matter. The plea asserted that due to Waikar's affiliation with a rival political party, he did not anticipate impartiality from his political adversaries.
Case title: Ravindra Waikar vs BMC
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