Sena (UBT) MLA Waikar moves HC against BMC for cancelling permission for 5-star hotel

MUMBAI: Shiv Sena (UBT) MLA Ravindra Waikar has filed a petition in the Bombay high court to challenge the BMC notice cancelling the permission granted to him for developing a plot of land and construction of a five-star hotel at Jogeshwari.

The petition claimed that though relevant permissions were secured before commencement of the development work, the BMC arbitrarily cancelled the permission without giving him and the developers an opportunity to be heard, which was against the principles of natural justice.

In light of such a move by the BMC, Waikar, through advocate Joel Carlos, has sought quashing and staying of the implementation of the order till the petition is heard. Waikar has claimed that the permission was granted after following due process in 2020-21.

The petition challenging the June 15 order of the BMC was mentioned before a bench of Justice Sunil Shukre and Justice Rajesh Patil on Tuesday seeking urgent hearing. The court has accordingly posted the matter for hearing on Wednesday.

The petition filed by Waikar, his wife Manisha and three others, stated that they were in occupation of the land since February 2004 when there was an agreement between the BMC, the owners of the land and themselves. As per the agreement, the BMC had permitted the occupiers to keep 67 percent of the area under reservation open under the Development Control Rules (DCR). Thereafter, the land was purchased by the petitioners in 2005.

The petition stated that in October 2020, the petitioners decided to give up the 70 percent of their area and apply to the BMC afresh for development by demolishing the existing area as per the provisions of DCPR 2034. The chief engineer (CE) had approved their proposal two months later, and development permission was granted in January 2021. The BMC then issued the intimation of disapproval (IOD), and a commencement certificate (CC) was issued by it in February.

Waikar stated that in November last year, the BMC’s law officer sought the submission of relevant documents for verification, as there was a complaint against him and the other petitioners.

BJP leader Kirit Somaiya had earlier alleged that Waikar had obtained approval for construction of a 5-star hotel on a plot reserved for a garden by using his political position, thus causing a huge loss to the BMC.

The plea added that though their architect had applied for other permissions thereafter, the BMC on June 15, without complying with principles of natural justice or any show-cause notice, issued the cancellation of the permission order, prompting the petitioners to approach the HC.