Sena UBT MLA moves HC against BMC for cancelling nod to build 5-star hotel

As per the petition moved by Waikar, his wife Manisha and three others, in February, 2004, there was an agreement between the BMC, owners of the land and the petitioners, who were the occupiers

Sena MLA moves HC, BMC nod to build 5 star hotel, Jogeshwari East MLA Ravindra Waikar, BMC order, construction of five star hotel, indian express, indian express news

Petitioners claimed that in October, 2020, he decided to give up the 70 percent of their area and apply to BMC afresh for development by demolishing the existing area. (Express Photo)

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Shiv Sena (UBT) MLA from Jogeshwari (East) Ravindra Waikar Monday approached the Bombay High Court seeking to quash a BMC order cancelling the permission granted for developing a plot of land in Jogeshwari for construction of a five-star hotel.

Waikar said that permission was granted to him after he had followed the due process in 2020-21. Waikar, through advocate Joel Carlos, claimed that despite required permissions being secured by him prior to commencement of the development work, the civic body, in an arbitrary manner, cancelled the nod without giving him and the developers an opportunity to be heard.

The court posted the matter for hearing on Wednesday.

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As per the petition moved by Waikar, his wife Manisha and three others, in February, 2004, there was an agreement between the BMC, owners of the land and the petitioners, who were the occupiers. The BMC had permitted the occupiers as per Development Control Rules (DCR) to keep 67% of the area under reservation open. In 2005, the said land was purchased by the petitioners.

Around 2018, as per Development Control & Promotion Regulations (DCPR), 2034, the petitioners were entitled to use the Floor Space Index (FSI) as per the DCR by handing over 70 per cent of the said land to BMC.

Petitioners claimed that in October, 2020, he decided to give up the 70 percent of their area and apply to BMC afresh for development by demolishing the existing area.