Deliberate on Rane’s plea for regularisation, HC tells BMC

The court has further directed the civic body to not take any coercive action against the structure for three weeks after Rane’s application is decided

Mumbai The Bombay high court (HC) on Tuesday directed the Brihanmumbai Municipal Corporation (BMC) to decide the application filed by Narayan Rane’s company for regularisation of the alleged illegal and unauthorised extensions and construction at his Juhu bungalow.

The advocates submitted that they had already made an application for regularisation and before hearing them, the BMC had passed the section 351 order (Vijay Bate)

The court has further directed the civic body to not take any coercive action against the structure for three weeks after the application is decided, and disposed of Rane’s petition for quashing of the demolition notice issued by BMC.

The division bench of justice A A Sayed and justice Abhay Ahuja, while hearing the petition filed by Rane, was informed by senior advocate Milind Sathe and advocate Amogh Singh that the March 16 order issued under section 351 of the Mumbai Municipal Corporation (MMC) Act, 1888, by the K-West ward of the BMC and the February 25 and March 4 notices were erroneous.

The advocates submitted that they had already made an application for regularisation and before hearing them, the BMC had passed the section 351 order.

However, senior advocate Aspi Chinoy for the civic authority argued that the petition was not maintainable as the notices were issued after following due process. He further submitted that the fact that Rane had applied for regularisation itself proved that there had been unauthorised construction in the eight-storey Aadish Bungalow at Juhu, hence the notice was justified.

After hearing the submissions, the bench noted that as an application for regularisation was made, an opportunity to hear the same should be given to Rane and directed the civic authority to do so.

“The regularisation application be decided and till that time no coercive action to be taken. Once it is decided, then three weeks from that date no coercive action to be taken,” the court said and disposed of Rane’s petition.

Rane had filed the petition for quashing of the February and March notices and also sought a stay on the operation of the notices till their application for regularisation was heard and decided by the concerned BMC department.