Mumbai: HC stalls BMC's bid to raze 'illegal construction' at Gaylord restaurant

28 March,2017 12:40 PM IST |   |  mid-day online correspondent

The Bombay High Court, on Monday, stopped the Brihanmumbai Municipal Corporation (BMC) from taking any action against noted restaurant Gaylord, near Churchgate in Mumbai



Gaylord restaurant. File pic/ Suresh Karkera

The Bombay High Court, on Monday, stopped the BMC from taking any action against noted restaurant Gaylord, near Churchgate.

The management of the restaurant had approached the HC after BMC rejected their plea of regularising their cake shop and the restaurant's outdoor seating area.

Hindustan Times reported that according to the plea, the restaurant was set up in 1956. Back then, the management installed an awning and constructed a fence along a 20x5.40 metre area in front of the restaurant to accommodate the cake shop and an open seating area for its patrons. The plea also claimed that the plan was approved by the district collector back then.

The report further said that the restaurant management, in 1958, had paid a penalty of Rs 204 to BMC to get the awning, fencing and the use of the open space regularised. The plea also stated that, in 2001, the management paid revised licence fees and got the arrangement re-approved and regularised by the collector's office and the BMC. Still, the BMC keeps sending them demolition notices from time to time, the restaurant alleged.

In the report, it was also mentioned that the management filed a civil suit against the corporation's notices after which it managed to get a stay against demolition. But, they received another show-cause notice in January, over the awning, the cake shop area and outside seating, claiming the arrangement was against BMC rules.

The restaurant management informed the HC that after they submitted all the past papers of regularisation approvals and payment of penalties, licence fees etc. to the collector's office as well as BMC, the civic body asked them to make a file plea for regularisation. But, in January this year, the plea was rejected.

The report went on to say that, on Monday, the Gaylord management informed the HC that it had not violated any FSI or other rules, and hence sought a stay on BMC's decision

According to the report, the HC could take up the matter for further hearing on Wednesday.

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