Mumbai: ‘Why is illegal resort still functioning?’

As the R central ward office (Borivli West) has failed to implement a Bombay High Court order and has allowed the illegal Sun Beach resort to continue business as usual, the Deputy Municipal Commissioner (DMC) has sought an explanation for delay in its demolition.

On April 26 the Bombay High Court paved the way for the BMC to raze a swimming pool, rooms and other structures built illegally, by dismissing an appeal filed by owner Abdul Hamid Mapkhan Shah against the BMC's notice.

Complainant pursues case

However, over two months after the HC order, the hotel business continues as usual, prompting the complainant in the case to attend a public grievance (PG) meeting conducted by the DMC on July 10.

During the PG meeting, complainant Chandrakant Gupta brought to the notice of DMC Bhagyashree Kapse, the delay in implementing the HC order of demolishing Sun Beach resort which has carried out multiple construction activities in violation of civic norms and Coastal Regulatory Zone (CRZ) rules.

"Submit factual report and give a reply to the complainant why delay in demolition," mention Kapse's written instructions.

On June 20, when this paper contacted the R central ward office, then BMC officials had assured of undertaking a demolition drive within a week. In fact, then speaking to this paper, Kapse had stated that before going ahead with the demolition drive, BMC has sought a report from the Building Proposal department on whether the resort owner has applied for regularisation of illegal structure - a move in blatant violation of the past HC judgments.

HC had refused relief

In the past, while hearing cases requesting the HC to grant relief from civic body demolition against illegal structures on various grounds, people have applied for regularisation of the same. The court has categorically stated, "Any such course of action would amount to putting a premium on illegal construction and/or encouraging unauthorised construction."

In April 2022, mid-day was the first to report on Sun Beach Resort carrying out construction activity, allegedly in violation of civic norms and Coastal Regulatory Zone (CRZ) rules.

Post this newspaper's report, BMC inspected Sun Beach resort. After completing the ground inspection, in February this year, BMC served a notice to the hotel owner for unauthorised construction - like rooms on ground floor plus first floor, security cabin, open shed near swimming pool, banquet, seven wooden shacks (ground plus one) and 12 wooden shacks on the ground floor.

In order to save the resort, Abdul Hamid Mapkhan Shah, its owner, immediately moved the City Civil Court at Dindoshi (Borivli Division, Goregaon). But the court dismissed the notice of motion moved by him asking for relief in the case.

The owner then approached the Bombay High Court challenging the order passed by the lower court against him. But the High Court too dismissed the appeal and paved the way for the BMC to demolish a swimming pool, rooms and other structures built illegally at the seafront resort in Gorai.

BMC speak

Sandhya Nandedkar, R Central ward officer (Assistant Municipal Commissioner), speaking to mid-day, claimed that on two occasions the demolition drive was taken. "Once the villagers did not allow the JCB and other machinery to get in, and on the second, a part of the hotel was demolished." Asked about the hotel doing business as usual and even the DMC asking for a reply in the delay of demolition, the ward officer said, "We will undertake the demolition drive again."

Law Dept also wants action taken report

On June 15, the BMC's law department informed the R Central ward office that there is no stay by court on initiating action against Sun Beach resort. A copy of the letter is with mid-day. The letter, flagged as "treat as most urgent", mentions, "In present suit, there is no restraining order against the BMC. Therefore, you are at liberty to take action as per the provision of law and send the action taken report to this (law) department."