Tanya Gupta
Published on: March 21, 2022 at 18:25 IST
A Petition is filed by the Union Minister Narayan Rane through his Company in Bombay High Court seeking to Quash the Notice on Aadish Bungalow at Juhu, Mumbai by the Brihanmumbai Municipal Corporation (BMC).
The Petition states that the Notice was issued in the name of a Company, Artline Properties Limited.
The Petitioner and his Family have held Shares and thus being Beneficial Owners, they were Residing in that Bungalow.
Since the Premises of the Bungalow were owned by the Company, the Petition was filed through it.
The Counsel sought to set aside the Brihanmumbai Municipal Corporation’s Order because it is Illegal and in Violation of the ‘Fundamental Rights’ of the Petitioner.
The Plea is to be heard by a Bench of Justices Abhay Ahuja and AA Sayed on March 22, 2022.
The Petition states that some Brihanmumbai Municipal Corporation’s Officers made a Panchnama Report while visiting the Premises.
Following this, a Notice was Issued in the name of the Owners/Occupants on February 25 to Show Cause as to how the Alleged unauthorized Additions were not Contravening the Approved Plans.
Narayan Rane’s Wife and Son, former Directors of the Artline Company, replied to the Notice highlighting the fact that the Notice is Issued after 9 years of Completion of the Building thus suspecting Malafide Intention.
The Former Directors were called before the Office of Brihanmumbai Municipal Corporation and on March 4, 2022, the Second Notice was also Issued which was scheduled to be heard on March 10, 2022.
After the hearing, an Application was filed by the Company by paying Rs. 8790 as stipulated by Brihanmumbai Municipal Corporation for Retention of Portions of the Premises Alleged to be in Contravention.
The Plea stated that as per the Application, the entire Premises was Permissible with the Floor Space Index (FSI) Limit.
Despite providing Detailed and Appropriate Responses to each Notice, the Designated Officer ordered to remove the Unauthorized Work within 15 days Failing which the Corporation has the Right to Demolish those Portions and Recover Charges from the Owners.
Rane filed the Present Petition by being Aggrieved of the Orders passed by the Brihanmumbai Municipal Corporation.
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