CM was to approve builder declare on Mahakali Caves: BJP

Dragging Maharashtra Chief Minister Uddhav Thackeray into the controversy over a builder claiming growth rights on the website of the traditional rock-cut Mahakali Caves, the Opposition BJP on Friday alleged that the Shiv Sena-led Brihanmumbai Municipal Corporation (BMC) was set to approve the proposal.
Former BJP lawmaker Kirit Somaiya, who has raised a number of allegations of wrongdoing in opposition to the Thackeray household and senior Sena chief in latest instances, alleged that the “largesse” was CM Thackeray’s new 12 months “gift” to the builder.
While neither the Thackeray nor the Shiv Sena have to date responded to the allegations, Mumbai civic commissioner Iqbal Singh Chahal’s workplace has refuted Somaiya’s claims as being “totally incorrect” and “untrue”.
On December 12, The Indian Express had reported that Mumbai-based Mahal Pictures Private Limited (MPPL), an affiliate of building main DB Realty, had approached the civic physique with this fairly uncommon declare, staking possession of the cave land and demanding permission to carry building rights within the type of transferable growth rights (TDR), which might then be bought or loaded to be used on any property with the Mumbai municipal company’s restrict.
The caves, believed to have existed for the reason that time of the Ashoka Empire, are labeled as a Grade-I protected monument by the Archaeological Survey of India (ASI). At that point, Singh’s workplace had stated that the civic physique was not inclined to approve the developer’s request. Reiterating the identical on Friday, it stated, “The allegations are totally incorrect and untrue. We’ve already clarified that no TDR against Mahakali caves has been granted or will be granted in future.”
The plot on which the traditional caves stand measures 69,966 sq. ft. As per the prevailing TDR norms relevant within the suburbs of Mumbai, the developer desires the BMC to concern a growth proper certificates or TDR equal to 2 instances of the plot space or 1,39,932 sq. ft in all.
Somaiya’s accusation comes within the wake of the civic legislation division’s communication to BMC’s growth plan (DP) division, dated December 24, 2012, the place it had opined that “an NOC from the Centre’s Archaeological Survey of India (ASI) won’t be required to acquire the land”. Somaiya questioned the necessity to searching for authorized opinion when the civic physique had beforehand rejected claims. Earlier the DP division had referred the matter to its legislation division after the developer pointed to an ongoing writ petition within the Bombay High Court on this regard. In an official observe signed on November 6, Chief Engineer (Development Plan) Vinod Chitore wrote, “In view of the stands taken by various parties in the writ petition, specific remarks of the law officer are sought in respect of request from applicant for grant of development rights in lieu of handing over of the land bearing CTS No 1 of village Vyravali shown as existing social amenity situated near the Kamal Amrohi studio.”
Former civic commissioners Ajoy Mehta and Praveen Pardeshi had earlier rejected the developer’s proposal, citing DCR provisions. “There are documents to show that the file was reopened following a representation by Shiv Sena MLA Dilip Lande,” Somaiya alleged.
The MPPL had acquired the close by Kamalistan Studio, initially based by the movie director Kamal Amrohi. It has now represented to the civic physique that land on which the caves exist is a part of the identical land parcel. Shahid Balwa, Promoter, DB Realty, had informed the Indian Express that his agency’s declare was rightful. “The property card of the land is in MPPL’s name. It has been submitted to the civic authorities. The caves have been designated as an ‘existing social amenity’ in the development plan. Our claim for grant of development rights is perfectly valid,” he stated.

For the grant of growth rights in circumstances the place the suitable authority for reservation is aside from the planning authority, the DCR makes it clear that it may be accomplished solely upon the request of such Appropriate Authority, an official stated. In this case, ASI is the Appropriate Authority, and it has made no such request. In reality, within the latest previous, officers stated that the ASI had particularly opposed the developer’s competition. The DCR additionally makes the civic commissioner liable for making certain the possession of all such land is handed over to the Appropriate Authority solely.
In 2016, one other controversy had damaged out when the civic physique had earmarked areas inside 200-meter periphery of the traditional cave for rehabilitation and resettlement tasks within the growth plan, exhibiting a 40-feet highway growth plan highway touching the cave boundary. The caves itself had been designated as an “existing social amenity” for the very first time. According to ASI, no growth can happen inside the 200-m periphery of a protected monument.