As per Rane’s petition, BMC had rejected an application filed by Rane for relief stating that the plans of the bungalow were approved free of Floor Space Index (FSI) and the same was not permissible as per the Development Control Regulations.
Another reason for rejection was the non-receipt of the pre-clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) for proposed regulation of the alleged unauthorised work.
Sathe argued that this objection ought to have been raised before, but was raised only in the rejection order.
Sathe showed the Court a property card stated that Rane had ownership of over 1187 square metres of land and hence the Floor Space Index (FSI) of that area was to be considered.
He additionally pointed out that the Development Control Regulations of 1991 were applicable when he got his plans sanctioned and not of the year 2011.
He contended that BMC’s action was pre-determined and malicious. “The entire act is totally malafide and based on political battle between Narayan Rane and Shiv Sena” Sathe argued.
Sathe prayed for scrutiny of the property by an independent architect appointed by the court.
Source: Barandbench
