Maharashtra: Ahead of Holi weekend, MTDC watches B&Bs keenly

Under Article 21 of the Indian Constitution Right to Life is the fundamental Right to Peaceful Sleep which the Supreme Court referred to in 2012 in the Ramdev Baba Lathi Charge case And now the residents of peaceful homes in Lonavala are using it to press responsibility on their neighbours who under MTDCrsquos Bed amp Breakfast scheme are renting their places to those with no regard for their neighbours nightly restAs a result the Pune division of Maharashtra Tourism Development Corporation MTDC recently cancelled the certification of three BampBs in Tungarli Lonavala Ahead of the long Holi weekend this should serve as warning for revellers and those who lease these second homesThe MTDCrsquos BampB scheme was launched with the intention of giving tourists a feel of local customs and traditions in affordable accommodation ldquoHowever rental operators and real estate agents have been offering these homes for daily rental without necessary approvals and licenses from different statutory authoritiesrdquo says the complainant Stuti Galiya Solicitor and Advocate On Record AOR Supreme Court of IndiaStuti Galiya and Shreeprasad ParabGaliya lives in Ghatkopar and owns a weekend bungalow in Tungarli ldquoOver the last three to four months which would have coincided with the festive season and NYErdquo she says ldquomy family found that three adjacent bungalows had been sold to new owners They leased them out under MTDCrsquos BampB certification and soon the entire localitymdashwhich was earlier a purely residential one with about 30 bungalowsmdashwas harassed by loud music played late into the night and alcoholfuelled nuisance The guests also pose a security threat to the localsrdquo She also found that these bungalows were preferred by large groups as they came cheaper than hotelsAnticipating such violations over the upcoming long Holi weekend Pankaj Deshmukh Superintendent of Police Pune Rural held a meeting with his team directing them to be extra vigilant ldquoHooliganism will not be allowed under the ambit of festivityrdquo he says firmly ldquoStrict action would be taken against troublemakers and violators of law People should refrain going into swimming pools and farm wells under the influence of alcoholrdquoMost MTDC BampBs are in Pune district close to party places with panoramic views such as Mulshi dam and Lonavala which attract city youth on weekends ldquoThese tourists prefer to stay in independent bungalows over hotels and resorts as restrictions are limited in comparisonrdquo says Deshmukh ldquoWe have strictly warned bungalow owners caretakers and estate agents to not allow the premises to be used for illegal activities such as massage parlours or for rave parties to ensure no public nuisance is caused to the neighbourhoodrdquoAfter Galiyarsquos complaint MTDC issued a showcause notice to the owners of the bungalow which went unanswered Then MTDC swooped in and revoked their BampB licence ldquoThe owners of the three bungalows did not respond to MTDCrsquos showcause notice but were prompt enough to contact me to request to withdraw the complaintrdquo she says drilyGaliya first complained to the local police station MTDC and Lonavala Municipal Council about the three bungalows being leased illegally and the subsequent nuisance caused by guests The Lonavala police even seized their music and sound system on a few occasions ldquoIt should be MTDCrsquos practice to allot BampB certification only after verifying the purpose of lease and greenlighting other regulatory approvals or licensesrdquo Galiya addsPankaj DeshmukhItrsquos general misconception that the BampB certification allows playing of loud music after regulated hours pool and alcohol parties without necessary approvals or licences In an earlier ruling Galiya points out the Bombay High Court Harmesh Singh Chadha versus Municipal Corporation of Greater Mumbai and Ors had clarified the certification didnrsquot absolve owners from obtaining necessary licenses and permissions from the municipal corporationThey too would have to change lsquouser statusrsquo to commercial from residential and apply for clearances from the Fire department and the FSSAI for food permission to serve liquor on premises Public Performance Licence for playing music etc ldquoIn Puttuswamy case the apex court held that Article 21 of Right to Life includes Right to Privacyrdquo says Advocate Shreeprasad Parab Expert Director State Housing Federation ldquoand therefore public nuisance can be curbed by making a complaint to the local Police Station under Section 268 to 275 Indian Penal Code And if repeated incidents take place to the Magistrate under Section 133 and 144 CrPC Alcoholic consumption may also raise alarm for Food Safety Standards and against Fire Safety StandardsrdquoldquoWe have taken serious cognizance of the complaint received against three bungalow owners for causing public nuisance and for violating MTDC BampB certification conditionsrdquo said Mosuhami Kose Regional Manager Pune MTDC ldquoAs per procedure all owners were issued a showcause notice asking why action should not be initiated against them None of them responded and we cancelled their BampB registration Now they cannot let out their premises to tourists and moreover as the registration number remains the same if they apply for renewal online we will be alerted Once registration is cancelled renewal is not easyrdquoKose oversees 574 BampB outlets of which 455 are in the Lonavala Mulshi region She has received such complaints against seven to eight property owners and their certification was cancelled too Though police can help regulate the nuisance these guests pose they cannot offer permanent solutions ldquoThe local police has seized music systems and even fined the owners and occupants in the past but they have a limited role in such casesrdquo says SP Deshmukh ldquoAction needs to be initiated by MTDC as they certify the BampB Also it is mandatory for the property owner to adhere and maintain all records and obtain all necessary licenses including those from local municipal corporations gram panchayats FSSAI Excise department etcrdquoAdvocate Parab sees the ldquopurpose of usagerdquo declaration as the fulcrum of the problem ldquoThere is blatant misuse of lsquoPurpose of usage of landrsquo as vested in the Land Revenue coderdquo he says ldquoIt clearly states that the primary use of land is for agriculture and if the land holder requires to change the usage purpose she must convert it to nonagricultural The said provisions are also reflected in Development Control Regulations DCR and permission is granted by the Municipal Corporation Gram Panchayat or Nagar Palikasrdquo Many farm houses are constructed on agricultural land and declared to be residential ldquoMany such bungalows are rented out for weekends and parties which causes law and order situations as well as public nuisancerdquo said Advocate ParabMeanwhile the Lonavala Municipal Council has also served a show cause notice dated 4 March 2024 to the three errant bungalow owners whose BampB licence was cancelled by MTDC It has requested the bungalow owners to submit approvals granted for construction of swimming pools and permission to change user from residential to commercial within seven days Failure to do so could entail penal consequences under provisions of the Maharashtra Regional and Town Planning Act 1966 ldquoThe Lonavala Municipal Council has wide powers under the MRTP Act to take stringent action for violations which could extend to sealing of the bungalowsrdquo Galiya saysMTDCrsquos BampB Schemegtgt Instead of investing in resorts at all tourist destinations in the statemdashand maintaining them through irregular tourist flow and low seasons MTDC found that many bungalows houses and flats were leased out With the intention to enlist them and provide income to the local economy they gathered them under the Bed and Breakfast Schemegtgt The proprietor would note the details of tourists as a hotel would and maintain feedback and complaint books MTDC reserves the right to cancel the registration of the establishment if complaints by tourists are proved to be truegtgt The registration is done online at a fee of R5000 and valid for five yearsgtgt The rents vary from few hundreds to thousands per day depending on locations and facilities provided such as airconditioning and swimming pools gtgt There are 1741 BampB properties across Maharashtragtgt The highest number is in the Pune Region 57 BampBs