Friday, December, 09,2022

SC rejects plea challenging Bombay HC's order on demolishing Rane's bungalow in Mumbai's Juhu

New Delhi: The Supreme Court on Monday rejected a plea challenging the Bombay High Court order which directed the Brihanmumbai Municipal Corporation (BMC) to demolish unauthorised construction at Union minister Narayan Rane's bungalow in Mumbai's Juhu.
The Supreme Court dismissed the plea and 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 September 20, 2022 has been directed to be implemented. Senior Advocate Mukul Rohatgi and Satish Manshinde argued the matter on behalf of Narayan Rane along with lawyers Shardul Singh, Prerna Gandhi, Shreeyas Lalit Advocates and Karanjawala & Co Senior Partner Ruby Singh Ahuja and advocates Deepti Sarin, Hancy Maini, Lakshya Khanna,
Union Minister Narayan Rane, has approached the Apex Court seeking a stay of the demolition of alleged unauthorised structures carried out in a residential premises namely 'Aadish Bungalow' situated at Juhu, Mumbai.

The petition was filed by Rane's family-owned company, Kaalkaa Real Estates Pvt. Ltd., seeking interim directions that a stay be granted against the Bombay HC's order dated June 23, 2022, and order dated September 20, 2022, and also of orders of the Municipal Corporation dated March 11, 2022, and March 16 2022.
The petition is concerned with the land situated at Juhu, Mumbai totally admeasuring 2209 square meters of which the Petitioner owns 1187.84 square meters. After obtaining necessary permissions from the Municipal Corporation for Greater Mumbai (MCGM), the Petitioner carried out the construction of residential premises known as 'Aadish Bungalow'. After completion of the said construction, an Occupation Certificate was issued on January 23 2013.

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 alleging a change of user of the said parts. The same was contested by the petitioner and orders dated 11.03.2022 and 16.03.2022 were passed by the MCGM. These orders were not in favour of the petitioner and were thus challenged in a writ petition before the High Court. Various Petitions were filed challenging subsequent notices and orders and the Petitioner now left with no recourse was constrained to approach the Supreme Court, the petitioner said.
Bombay High Court had upheld the rejection of the Petitioner's application for retention filed before the Municipal Corporation on the ground that the land on which the Petitioner's premises were situated was not sub-divided. After the Petitioner removed the said defect and filed a second application for retention, the Petitioner sought directions from the High Court against the Respondent only to the limited extent that the Petitioner's second application for retention be decided in accordance with the law.
By order dated September 20 2022, Bombay HC had refused to grant such direction and rejected the application pending before the Respondent in addition to directing execution of demolition orders and imposed Rs. 10 Lakhs costs on the Petitioner. (ANI)

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