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

One the bungalows that has been locked up by the MTDC’s regional office

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 MTDC's Bed & Breakfast scheme, are renting their places to those with no regard for their neighbours nightly rest.

As a result, the Pune division of Maharashtra Tourism Development Corporation (MTDC) recently cancelled the certification of three B&Bs in Tungarli, Lonavala. Ahead of the long Holi weekend, this should serve as warning for revellers, and those who lease these second homes.

The MTDC's B&B scheme was launched with the intention of giving tourists a feel of local customs and traditions in affordable accommodation. "However, rental operators and real estate agents have been offering these homes for daily rental, without necessary approvals and licenses from different statutory authorities," says the complainant Stuti Galiya, Solicitor and Advocate On Record (AOR) Supreme Court of India.

Stuti Galiya and Shreeprasad Parab

Galiya lives in Ghatkopar and owns a weekend bungalow in Tungarli. "Over the last three to four months [which would have coincided with the festive season and NYE]," she says, "my family found that three adjacent bungalows had been sold to new owners. They leased them out under MTDC's B&B certification, and soon the entire locality - which was earlier a purely residential one with about 30 bungalows - was harassed by loud music played late into the night, and alcohol-fuelled nuisance. The guests also pose a security threat to the locals." She also found that these bungalows were preferred by large groups, as they came cheaper than hotels.

Anticipating 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. "Hooliganism will not be allowed under the ambit of festivity," he says firmly, "Strict action would be taken against troublemakers and violators of law. People should refrain going into swimming pools and farm wells under the influence of alcohol."

Most MTDC B&Bs are in Pune district, close to party places with panoramic views such as Mulshi dam and Lonavala, which attract city youth on weekends. "These tourists prefer to stay in independent bungalows over hotels and resorts, as restrictions are limited in comparison," says Deshmukh. "We 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 neighbourhood."

After Galiya's complaint, MTDC issued a showcause notice to the owners of the bungalow, which went unanswered. Then MTDC swooped in and revoked their B&B licence. "The owners of the three bungalows did not respond to MTDC's showcause notice, but were prompt enough to contact me to request to withdraw the complaint," she says drily.

Galiya 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. "It should be MTDC's practice to allot B&B certification only after verifying the purpose of lease and greenlighting other regulatory approvals or licenses," Galiya adds.

Pankaj Deshmukh

It's general misconception that the B&B 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 didn't absolve owners from obtaining necessary licenses and permissions from the municipal corporation.

They too would have to change ‘user status' 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. "In Puttuswamy case, the apex court held that Article 21 of Right to Life includes Right to Privacy," says Advocate Shreeprasad Parab, Expert Director State Housing Federation, "and 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 Standards."

"We have taken serious cognizance of the complaint received against three bungalow owners for causing public nuisance and for violating MTDC (B&B) certification conditions," said Mosuhami Kose, Regional Manager, Pune, MTDC. "As 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 B&B 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 easy."

Kose oversees 574 B&B 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. "The local police has seized music systems and even fined the owners and occupants in the past, but they have a limited role in such cases," says SP Deshmukh, "Action needs to be initiated by MTDC as they certify the B&B. 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, etc."

Advocate Parab sees the "purpose of usage" declaration as the fulcrum of the problem. "There is blatant misuse of ‘Purpose of usage of land' as vested in the Land Revenue code," he says. "It clearly states that the primary use of land is for agriculture, and if the land holder requires to change the usage purpose, s/he must convert it to non-agricultural. The said provisions are also reflected in Development Control Regulations (DCR), and permission is granted by the Municipal Corporation, Gram Panchayat, or Nagar Palikas." Many farm houses are constructed on agricultural land, and declared to be residential. "Many such bungalows are rented out for weekends and parties, which causes law and order situations, as well as public nuisance," said Advocate Parab.

Meanwhile, the Lonavala Municipal Council has also served a show cause notice dated 4 March 2024 to the three errant bungalow owners, whose B&B 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. "The Lonavala Municipal Council has wide powers under the MRTP Act to take stringent action for violations, which could extend to sealing of the bungalows," Galiya says.

MTDC's B&B Scheme

>> Instead of investing in resorts at all tourist destinations in the state - and 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 Scheme.

>> 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 true.

>> The registration is done online at a fee of R5,000 and valid for five years.

>> The rents vary from few hundreds to thousands per day, depending on locations and facilities provided such as air-conditioning and swimming pools.

>> There are 1,741 B&B properties across Maharashtra.

>> The highest number is in the Pune Region: 57 B&Bs.