Mumbai, Aug 23 (PTI) The Bombay High Court on Tuesday berated the Brihanmumbai Municipal Corporation's (BMC) stand that it was ready to consider a second application for the regularisation of unauthorized construction at a bungalow of Union minister Narayan Rane in suburban Juhu.

Also Read | Noida: Supertech Twin Towers’ Demolition Will Be Deterrent Against Illegal Construction, Says FPCE.

The BMC had rejected an application for regularization by Rane's company in June, a decision the high court had accepted after the company had approached the court.

Also Read | Monkeypox: India's First Indigenous MPV RT-PCR Test Kit Launched.

Notably, the Uddhav Thackeray-led Shiv Sena-NCP-Congress government was in power in Maharashtra when the first application was rejected by the BMC. The Thackeray government collapsed in the last week of June following a rebellion by Eknath Shinde, the present chief minister.

A division bench of Justices R D Dhanuka and Kamal Khata on Tuesday asked how could the civic body consider a second application having rejected the first one.

The lawyers of both Rane's firm and the BMC said as per law and the existing regulations, a second application can be considered.

This flip-flop did not go down well with the court.

"Does the order passed by this court (accepting the BMC's first decision dismissing Rane's plea) have no sanctity?" it asked.

"This will be never ending. Once an order has been passed by this court, again you take a different stand. Is BMC above the court?” the judges further said.

The bench then reserved its order on the petition filed by Kaalkaa Real Estates, a company owned by Rane's family, seeking a direction to the BMC to decide their second application uninfluenced by the orders passed by the civic body earlier.

The HC also noted that there seemed to be no opposition from the BMC this time.

“Where is the opposition by the public body? We will have to now take up the task of deciding whether a civic body can allow unauthorised construction. Closed for orders," the court said.

The bench also sought to know to what extent regularisation can be permitted.

"In future, if a private person builds a 100-storey building on a plot of land without taking any permission and then approaches the BMC for regularisation, would it be allowed," Justice Khata asked.

BMC lawyer Anil Sakhare said regularisation is considered up to permissible limits. "In the present matter, the BMC would consider the second application and pass order," he said.

Appearing for the petitioner, advocate Shardul Singh told the court that they undertake to comply with all the legal requirements within stipulated time if the application was allowed.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)