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Demolish Unauthorised Construction at Narayan Rane’s Juhu Bungalow: Bombay HC

The court stated that the construction violated Floor Space Index (FSI) and Coastal Regulation Zone (CRZ) rules.

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The Bombay High Court on Tuesday, 20 September, ordered the demolition of Illegal portions of Union minister Narayan Rane’s Mumbai residence after it dismissed a plea filed by a company owned by the BJP leader. 

The plea sought directions to the Brihanmumbai Municipal Corporation (BMC) to consider and decide its second application for regularisation of the alleged unauthorised portions of his eight-storey bungalow in Mumbai’s Juhu, Live Law reported.

An area is regularised when the use of land is changed. In most cases, such areas are illegally occupied and become legally habitable after regularisation. 

A division bench comprising of Justices Ramesh D Dhanuka and Kamal R Khata directed the BMC to demolish the unauthorised areas within two weeks and submit a compliance report the following week. 

The court said that the BMC cannot be allowed to consider and allow the second application as it would encourage “wholesale unauthorised constructions.” 

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The court stated that the unauthorised construction violated rules of the Floor Space Index (FSI) and Coastal Regulation Zone (CRZ). 

The bench further imposed a cost of Rs 10 lakh on Rane and directed that the amount be deposited towards the Maharashtra State Legal Services Authority within two weeks. 

Advocate Shardul Singh, who represented Rane, sought that the court stay its order for six weeks, giving him time to file an appeal in the Supreme Court. However, the court rejected the plea. 

In June, the BMC had rejected Rane’s regularisation application, and noted that there were violations in the construction. 

The court dismissed the petition filed by a company owned by Rane’s family which sought directions to the civic body to decide their second application without influence from orders passed by the BMC earlier this year, Mint reported.

"Does the order passed by this court have no sanctity? This will be endless otherwise. Is the corporation sitting above the high court? This is your stand, we will have to examine it," Justice Dhanuka said during the previous hearing.

(With inputs from LiveLaw, Mint and PTI)

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Topics:  Mumbai   BMC   Bombay High Court 

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