In a big setback to Shiv Sena UBT MLA Ravindra Waikar, the Bombay High Court has dismissed his petition which had challenged the civic body’s cancellation of the permission granted to him to construct a luxury hotel in Mumbai’s Jogeshwari. A division bench of Justices Sunil Shukre and Rajesh Patil said, “There is no merit in the petition, and is accordingly dismissed.”
Waiker along with four others had filed a petition alleging that the permission was canceled by the Brihanmumbai Municipal Corporation (BMC) without giving them a show cause notice or a hearing. However, the BMC said that a showcase notice was issued on 8th February this year.
The BMC alleged that the petitioners obtained the permission to construct the hotel in January 2021 and the commencement certificate on 26 February 2021 by suppressing the facts that the reservation/designation on the plot as per the 1991 Development Plan had already been implemented as per policy.
The bench had earlier questioned the civic body why it granted permission to construct the hotel if the MLA had suppressed information as the BMC alleged. Waikar’s lawyers, senior advocate Aspi Chenoy and advocate Joel Carlos, contended that the BMC order was “arbitrary, illegal, and malafide”. As per the petition, the BMC had made up excuse of the commencement certificate (CC) having lapsed, since a CC does not require a renewal.
The BMC said that the Development Plan 2034 only showed the existing position of the project and it was not open for the petitioner to claim and develop the reservation/designation as if it was put up for the first time. The municipal corporation on 15th June canceled the permission for the station that earlier development permissions were not disclosed and that the CC had lapsed.
Waikar has been granted interim relief from coercive action for four weeks to be able to challenge the HC order before the Supreme Court. “At the request of the petitioner’s advocate, interim relief granted by this court is extended for four weeks to enable the petitioner to challenge the order in the Supreme Court,” the bench said.
Meanwhile BJP leader Kirit Somaiya has taken a dig at the Shiv Sena UBT MLA. He said, “₹500 Crore, illegal 5 Star Hotel of Ravindra Waikar will be demolished . Highcourt rejected Waikar petition. Hisab to lekar rahenge (we will assure accountability).”
Earlier in April, BJP leader Kirit Somaiya filed a complaint against Waiker leading to an investigation by the Economic Offences Wing (EOW). According to Somaiya, the MLA was involved in a Rs 500 scam. The BJP alleged that Waikar illegally obtained the approval for the construction of the 5-star hotel on a plot reserved for a garden.
BJP alleged that Waiker used political ties to get the approval and caused huge losses to the BMC. Waikar denied the charges. EOW sources reportedly had said that top BMC officials would be quizzed in the matter.