2-week Bombay HC relief for UBT MLA Ravindra Waikar in hotel case vs BMC

MUMBAI: In an interim relief for Shiv Sena (UBT) MLA Ravindra Waikar, the Bombay high court on Wednesday restrained the BMC from taking action on its order cancelling permission given for construction of a luxury hotel on reserved land in Jogeshwari (E) for a fortnight.
"Please do not act upon the notice for the present," said Justices Sunil Shukre and Rajesh Patil while hearing a petition by Waikar, his wife Manisha and three other co-owners seeking quashing of the June 15 order cancelling the January 20, 2021, permission. Seeking the BMC's reply, the judges directed that "in the interest of justice" the parties maintain a status quo till the next hearing after two weeks.
The petition said an 8,000 sq m plot was reserved for a recreation ground. In a 2004 agreement with the BMC, the original owners and the petitioners were to keep 67% land open. In 2005, the petitioners purchased the land and built a club on the remaining 33%. In October 2020, they surrendered 70% land to the BMC to avail of increased FSI and applied for fresh permission. They got the permission on January 10, 2021.
An advocate for complainant Kirit Somaiya, a BJP activist, said he wants to intervene in the matter. Senior advocate Aspi Chinoy and advocate Joel Carlos, for Waikar, opposed it, pointing out that in October 2022, on the same complaint, the BMC had said there is no illegality and permissions are according to rules. A "2,600 sq m plinth" has been constructed, Chinoy said.
Senior advocate Milind Sathe, for BMC, said there is nothing in the order that requires a stay. When the judges pointed at the cancellation and asked whether Waikar can apply for fresh permission, Sathe replied he cannot. "Today he does not have permission. This order cancels the permission which was up to plinth level. There is no further permission for construction." The judges said they would hear the matter on merit and directed status quo.
The judges objected to a statement in the petition that Waikar "being from a rival political party does not expect any justice before his political rival persons hearing the appeal". "An attempt is being made to politicise the issue. Why?" asked Justice Shukre. When Chinoy said it was not relevant, he said: "It should not have been there. Please delete it."