BMC cancels nod to hotel, Sena (UBT) MLA moves HC

MUMBAI: Shiv Sena (UBT)) MLA Ravindra Waikar has moved the Bombay high court against the BMC cancelling permission given to him to construct a luxury hotel on a reserved land in Jogeshwari (E).
The petition by Waikar, his wife Manisha and three other co-owners said that without a show-cause notice or a hearing, the June 15 order was directly issued stating that the January 2021 permission is cancelled because earlier development permissions were not disclosed and commencement certificate had lapsed.
Advocate Joel Carlos for the petitioners mentioned the matter before Justices Sunil Shukre and Rajesh Patil on Tuesday. He said the BMC granted permission in 2021, and on June 15 states that the development permission is revoked on account of non-disclosures even though their own file has the very same disclosure. The judges posted the hearing on Wednesday.
In February 2004, BMC had entered into an agreement with the owners of the land and the petitioners, who were occupiers, to keep 67% reserved area open. The petitioners purchased the land in 2005. In October 2020, to avail increased FSI under the new policy, they decided to give up 70% of the land to BMC and apply afresh for permission. They got permission on January 20, 2021 followed by CC. On February 8, 2023, Waikar’s response was sought on a complaint regarding his proposal. Despite his architect replying, permission was cancelled.
The BMC’s order “does not specify under which law it was passed”, and hence the petitioners cannot file an appeal. “The petitioners state that petitioner no. 1 (Waikar) being from a rival political party does not expect any justice before his political rival persons hearing the appeal,” it added, urging HC to quash and set aside the June 15 order and pending hearing to stay it.