Hc directs panel to decide if it has jurisdiction to issue notice to Rane | Bombay News

MUMBAI: The Bombay High Court on Thursday ordered the District Coastal Zone Supervisory Board to first decide on its jurisdiction by issuing a show cause notice to union Minister Narayan Skull on his eight-storey residence in Mumbai called ‘Aadish’ in Juhu for allegedly flouting CRZ (Coastal Regulatory Zone) rules.
Union Minister Narayan Rane had questioned the committee’s jurisdiction, and the high court bench of Chief Justice Dipankar Datta and Justice MS Karnik said “the interests of justice would be served” if the Maharashtra Coastal Zone Management Authority (MCZMA) committee itself is asked to decide on a point of its competence as a point raised by Rane.
Based on the decision, Rane will have raised his arguments on the merits.
State Attorney General Ashutosh Kumbhakoni said the show cause notice dated May 24 “is not a demolition notice, but only a notice to request its explanation.”
Senior Counsel Milind Satheappearing for Rane, argued that it was a fair decision by HC, and Rane would bow to her.
The HC said that if the district’s Coastal Zone Oversight Committee finds it has jurisdiction, it may proceed without issuing a further notice to Rane for hearing him on the merits of the alleged violation.
The HC was hearing a motion filed by Kaalkaa Real Estate, owned by Rane’s family, challenging notices given to it for alleged unauthorized construction on its property.
The HC said a petition can be accepted if the authority lacks jurisdiction to investigate the facts. “Indeed Rane complained of a jurisdictional error which we have been hearing from Sathe for some time. But since BMC (represented by lead counsel Aspi Chinoy) also issued a demolition order and a request of regularization has been rejected, it would be in the interests of justice to let the committee declare whether it has jurisdiction or not,” the court observed.
Another high court bench previously barred the BMC (Brihanmumbai Municipal Corporation) from taking any enforcement action in the case until the civic body decides on a regularization plea and for three more weeks until to June 24, if an unfavorable order is passed in the matter.

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