HC directs MBMC to demolish unauthorised portions in ex-BJP MLA’s hotel

In a major setback to former BJP MLA from Mira Road, Narendra Mehta, the Bombay high court has ordered demolition of the unauthorised portions in the Seven Eleven star-grade hotel constructed by him

In a major setback to former BJP MLA from Mira Road, Narendra Mehta, the Bombay high court has ordered demolition of the unauthorised portions in the Seven Eleven star-grade hotel constructed by him.

Mumbai, India - April 6, 2017: BJP MLA Narendra Mehta along with his lamborghini outside Vidhan Bhavan in Mumbai, India, on Thursday, April 6, 2017. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT Photo)

Upholding contentions in a public interest litigation petition that the hotel was constructed in a no-development zone but had got additional FSI by paying premium fraudulently, the HC directed the Mira Bhayandar Municipal Corporation (MBMC) to demolish the excess portions within two months.

A division bench of Chief Justice Dipankar Datta and justice M S Karnik while hearing the PIL filed by Fayyaz Mullaji, a resident and activist from Mira Road, was informed by advocate Rakesh Agarwal that the commencement certificate issued for constructing the basement-plus-ground-plus-four-storey structure on the plot of land measuring more than 14,000 square metres was done in violation of the Mira-Bhayandar development plan.

The bench was further told that the additional FSI on payment of premium granted for the building was not valid as the condition for grant of additional FSI was not fulfilled. It was submitted that the criteria for grant of such FSI was that the plot should be abutting the highway. However, the plot on which the structure was built was not close to either the Mumbai-Ahmedabad Highway or the Ghodbunder state highway.

As per the rule, a plot abutting the highway could get an additional FSI of 0.8 at a premium price. The petition stated though the condition was not fulfilled the structure was granted extra FSI of 0.8, thus taking the total consumed FSI to 1. The bench was informed that the construction of the structure above the 0.2 FSI was unauthorised and hence, should be demolished.

Senior advocate Milind Sathe arguing for Seven Eleven said the additional FSI was granted based on a 2018 government notification and hence, the construction could not be deemed unauthorised.

After hearing the submissions, the bench concurred with the petitioners’ arguments and held that construction beyond the 0.2 FSI was unauthorised and should be demolished. The HC directed the MBMC to carry out the demolition within two months and disposed of the plea.