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 BMCrsquos noticeComplainant pursues caseHowever 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 10During 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 rulesldquoSubmit factual report and give a reply to the complainant why delay in demolitionrdquo mention Kapsersquos written instructionsOn 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 structuremdash a move in blatant violation of the past HC judgmentsHC had refused reliefIn 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 ldquoAny such course of action would amount to putting a premium on illegal construction andor encouraging unauthorised constructionrdquoIn April 2022 midday was the first to report on Sun Beach Resort carrying out construction activity allegedly in violation of civic norms and Coastal Regulatory Zone CRZ rulesPost this newspaperrsquos 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 floorIn 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 caseThe 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 GoraiBMC speakSandhya Nandedkar R Central ward officer Assistant Municipal Commissioner speaking to midday claimed that on two occasions the demolition drive was taken ldquoOnce the villagers did not allow the JCB and other machinery to get in and on the second a part of the hotel was demolishedrdquo 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 ldquoWe will undertake the demolition drive againrdquoLaw Dept also wants action taken reportOn June 15 the BMCrsquos 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 midday The letter flagged as ldquotreat as most urgentrdquo mentions ldquoIn 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 departmentrdquo