Bombay HC grants temporary relief to Union Minister Narayan Rane in illegal construction cases

The bench also passed orders for the BMC to file an affidavit, explaining on which legal grounds can the civic body consider a second application filed by Rane for regularisation of portions of his bungalow in the Juhu area here after the BMC and HC last month rejected such plea saying the construction was "prima facie illegal."

Mumbai: The Bombay High Court on Monday granted temporary relief to Union Minister Narayan Rane in a case filed against him for the illegal construction of the Adhish bungalow in Juhu and directed the Brihanmumbai Municipal Corporation (BMC) to submit an affidavit in this regard within two weeks.

A bench of Justices R D Dhanuka and Kamal Khata heard the case on Monday in the Bombay High Court on a newly filed petition regarding Adhish Bungalow. The court in its order has asked the BMC to not take any coercive steps against Union Minister’s residence in Juhu for illegal construction but has also asked Rane to not create further illegal constructions.

The bench also passed orders for the BMC to file an affidavit, explaining on which legal grounds can the civic body consider a second application filed by Rane for regularisation of portions of his bungalow in the Juhu area here after the BMC and HC last month rejected such plea saying the construction was "prima facie illegal." Rane has also been instructed to present his side within a week after he receives a reply from the municipality. The petition will be heard on August 23 before Justice RD Dhanuka.

Narayan Rane was issued a notice by the BMC against Adhish Bungalow by Artline Properties, a company in which Rane's wife Neelam and elder son Nilesh are directors. Since Rane has many shares in this company, he lives in this bungalow owned by the company.

A warning was given through a notice that Rane had done many illegal constructions in this eleven-storied building and would have to be demolished. But this notice was immediately challenged by Rane. The bungalow plans were approved without floor space index FSI and the municipality rejected the application saying it was not permitted under the Development Control Rules.

The municipality has said that no pre-approval has been obtained from the Maharashtra Coastal Zone Management Authority (MCZMA) for the proposed regulation of the alleged unauthorized work. Therefore, Rane has demanded in the petition that the decision to reject the application of the municipality should be cancelled and order should be given to keep the construction of the bungalow as it is.