Kirit Somaiya moves HC, questions penalty waiver to Sena MLA’s construction firm

Bharatiya Janata Party (BJP) leader Kirit Somaiya on Friday filed a public interest litigation (PIL) petition in the Bombay high court, challenging the state government’s decision to waive a penalty of ₹3

Bharatiya Janata Party (BJP) leader Kirit Somaiya on Friday filed a public interest litigation (PIL) petition in the Bombay high court, challenging the state government’s decision to waive a penalty of ₹3.30 crore on VN Developers, partly owned by Shiv Sena MLA Pratap Sarnaik from Thane.

BJP leader Kirit Somaiya speaking to the media after filing a petition in the Bombay high court on Friday. ANI

Somaiya also requested the court to fix responsibility on the officers who legalised the unauthorised construction made by the firm despite non-payment of any fees and why action was not taken against the developer under provisions of the Maharashtra Regional and Town Planning Act, 1966.

In January, the Maha Vikas Aghadi government had decided to waive the penalty of ₹3.30 crore imposed on the construction firm.

The case relates to the Thane-based Vihang Garden project, comprising two 13-storey buildings, developed by the companies controlled by Sarnaik. Though they had permission only to construct nine floors in 2008, they constructed the two 13-floor towers. They had built a school for the Thane Municipal Corporation (TMC) and received transfer of development rights for this. Later, the firm went on to construct four additional floors without permission from TMC.

The BJP leader’s petition filed through advocate Amit Mehta questioned the protection provided by the present government through an illegal resolution adopted at a state cabinet meeting to the unauthorised construction made by their own MLA.

It said TMC had not taken action against V N Developers on its unauthorised construction under provisions of the Maharashtra Regional and Town Planning Act, 1966, and the Maharashtra Municipal Corporation Act, 1949, or any other applicable law of land in the last more than 12 years.

The petition also questioned why the penalty levied on the developer was not recovered in the last nine years and who was the officer responsible for not recovering the penalty with interest.

Why the innocent residents of the unauthorised buildings suffered because of the additional charge and penalty on account of the unauthorised construction as per TMC’s resolutions since 2008 - the year of possession of their flats, which was a financial loss to them, the PIL asked.

It also questioned how the penalty levied on a developer by TMC was waived by the state government through a cabinet resolution even after objection taken by the urban development department to the waiver as it was a financial loss to TMC.

Somaiya said though the penalty waived shown was ₹3.3 crore, the year was 2012, and today with interest it would come to ₹18 crore.