Mumbai: The BrihanMumbai Municipal Corporation (BMC) has cancelled the permission granted to Shiv Sena MLA Ravindra Waikar in January 2021, to construct a five-star hotel in Jogeshwari on reserved land. Waikar has decided to challenge the BMC order in the high court. He is asking how he was granted permission in 2021 if his application was not lawful.
The order, signed by the executive engineer (building proposals) K/ east ward, which has jurisdiction over Andheri east and Jogeshwari east, reads: “It is to inform you that since you have not disclosed to BMC all the facts of the earlier development permissions under Development Control Rule (DCR) 1991 and Agreement dated 09-02-2004 while obtaining development permission under DCPR 2034... as per EODB and Development, permission issued on 20-01-2021 vis-a vis- The CC issued to you are lapsed and hence Development permission granted on January 20, 2021granted by BMC here by stands cancelled as per the approval of BMC Commissioner”.
Waikar To Challenege Against Order In Bombay HC
Waikar told The Free Press Journal, “I only learnt about the cancellation of development permission today (Friday) but Kirit Somaiya knew it even before my architect and I knew. I will challenge the cancellation order in the high court. In 2021, I got permission from the BMC. I had paid the requisite fees and now, the BMC has cancelled my permission. Why?
“In 2021, the BMC had agreed that they had given permission in two such cases before my proposal. So what has happened now, for them to suddenly cancel my permission. I believe there was pressure on the BMC commissioner to do so.” “This is a dictatorship, not a democracy. I would say it shows the revengeful attitude of the current government. One year before, BMC had given permission and told the EOW and the UD department that my permission was as per the rules and now, they’re cancelling it?” he asked.
Waikar Alleges Pressure On Officials
“No rules have been violated. One Kirit Somaiya comes and complains to the BMC. The UD and BMC tell him the permission is as per the rules. Now, someone has pressured the commissioner and my permission has been rescinded,” he maintained.
A former BJP MP had claimed the violation of DP rules by Waikar, allegedly in connivance with civic officials, to commit a Rs 500-crore scam. As per the then DP-1991 policy, the BMC allowed construction on 33 per cent of the plot, utilising an FSI of 1.5, with the remaining area set aside as open space for public use. Under this policy, Waikar had constructed Supremo Club on the permitted 33 per cent of the land.
Since the unused portion of the land was not taken over by the BMC, Waikar decided to raze the club and redevelop it under the new DP-2034. The BMC allows construction on 30 per cent of such private plots reserved for open space but allows the owner to use the FSI available for the entire plot, which makes it an attractive proposition. Additionally, the BMC allows an FSI of 5 if owners construct five-star hotels on such plots.
No BMC official was willing to comment on the matter.
