Bombay High Court orders demolition of illegal part of former BJP MLA Narendra Mehta's hotel

The Bombay High Court has ordered the demolition of the illegal part of the Seven Eleven Hotel on Mira Road, owned by former BJP MLA Narendra Mehta. A division bench of Chief Justice Dipankar Dutta and Justice MS Karnik allowed the PIL by Fayaz Mullaji and directed that all constructions beyond 0.2 FSI be demolished by Narendra Mehta within two months. Advocate Rakesh Agarwal, appearing for Mullaji, alleged that the Urban Development Department, headed by the then Chief Minister Devendra Fadnavis, had given special approval for the construction of the hotel.

Initially in 2015, Mira-Bhayandar Municipal Corporation gave permission for a 3,659 meter ground plus one-storey structure. The UDD granted permission on April 13, 2018 citing the notification and regulation 57(xiii)(b)(c) of the development plan of Mira Bhayander. The petitioner claimed that the notification and regulation referred to a residential building in a no development zone and were implemented incorrectly.

The petitioner alleged that the club or hotel was not plying along the highway for any kind of permission.

The petition states,

"The said Narendra Mehta has used his political influence for the purpose of obtaining additional FSI by violating the development plan of Mira Bhayander Municipal Corporation."

It further claimed that it is totally illegal on the part of UDD to direct MBMC to pay an additional FSI of 0.8 by charging premium in the absence of power under any law.

Respondent Hotel, represented by Senior Advocate Milind Sathe along with Advocate Apoorva Gupte, argued that once permission is granted, the structure and construction become legal. Further, the petitioner approached the court with delay due to the permission being obtained in 2018.

He argued that under Mira Bhayander's previous DCR, hotels are considered to be within residential areas.

 However, on Thursday, the bench allowed the plea and within two months ordered to demolish the illegal portion exceeding 0.2 FSI as demanded by the petitioner.