Asking the State to "clarify if permission was granted or whether it was not required" , a bench of Justice Abhay Oka and Justice AP Bhangale directed that the State government, "as allottee will have to examine if any material changes have been made" by BJP after allotting of premises to it.
A bench of Justice Abhay Oka and Justice AP Bhangale passed the direction after advocate Mustafa Doctor, appearing for petitioners in a public interest litigation, argued that BMC's March 30 inspection report shows the size has been increased to over 9700 square feet of ground and mezzanine floor from what was initially only 2400 square feet.
The PILwas filed by three resident associations for removing encroachments by political parties and State bodies at Nehru Garden. In August 2013, HC restrained BJP from doing further renovation. Following complaints of breach, HC directed BMC to inspect and submit its report.
Doctor also argued that BMC has "merely made an inventory of what is on the site and not looked at what is legal or illegal.' BMC's advocate said in the absence of sanctioned plans it could not do so. Asked about the government's stand, its advocate Niranjan Pandit said the structure existed since 1978 and was retained even after the 1991 development plan. The bench then directed the government to find if changes were made after allotment. "This stand will have to be taken in the context of the (BMC's) inspection report," it underlined.
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