Narendra MehtaThe Bombay High Court on Thursday directed the Mira-Bhayander Municipal Corporation to demolish portions of the Seven Eleven Club & Hotel, associated with former BJP MLA Narendra Mehta for allegedly flouting Floor Space Index (FSI) norms.
A division bench of Chief Justice Dipankar Datta and Justice Makarand S Karnik was hearing a public interest petition (PIL) filed by Faiyyaz Mullaji, a resident and social activist from Mira Road.
Mullaji had alleged that the hotel had been constructed in a no-development zone. He claimed that the commencement certificate issued for constructing the structure on land measuring over 14,000 sq m was in violation of the civic body’s development plan.
Advocate Rakesh Agrawal, appearing for Mullaji, claimed that additional FSI granted to the building on payment of premium was illegal.
He said that the condition behind granting such additional FSI was that the plot should be abutting the highway. However, the plot was not close to either the Mumbai-Ahmedabad national highway or the Ghodbunder state highway.
The petitioner said that the state urban development department, on April 13, 2018, wrote to the civic body asking it to allow additional FSI of 0.8 by charging premium.
The corporation granted the same in October 2018, which was contrary to the law, the PIL added.
The lawyer for Seven Eleven hotel, however, said that additional FSI was granted on the basis of a 2018 government notification and therefore, the constructions cannot be considered as unauthorised.
However, the HC found merit in Mullaji’s case and directed the demolition of the unauthorised portions.