The demolition of the Kangana office is justified, says BMC as HC postpones the matter until September 22


Written by Omkar Gokhale | Mumbai |

Updated: September 11, 2020 12:38:49 am


The Kangana Ranaut-Sena confrontation dates back to August 30, when the actress tweeted that she was afraid of the Mumbai police and preferred the security of the Center. (Source: Twitter / @ kanganateam)

The BMC told Bombay High Court on Thursday that actress Kangana Ranaut had been carrying out “substantial alterations” to her Bandra property “contrary to the sanctioned plan” and that her action to demolish these structures was justified and without any “malafidio” .

The court proceeded to postpone the matter for a new hearing on September 22 after Ranaut’s lawyer, Rizwan Siddique, sought time to respond to BMC’s affidavit. The court order prohibiting BMC from undertaking further demolition work on the property will continue until then.

On Wednesday, the HC had called off the demolition of alleged unauthorized structures at Ranaut’s Pali Hill office, hours after the BMC had started the exercise. The court had said that BMC’s action “prima facie does not appear to be in good faith and smacks of bad faith” and ordered the civic body to submit an affidavit in response to Ranaut’s request for provisional relief from the suspension. demolition work.

In its response, the civic body said on Thursday that the actress had made “false, unfounded and unjustified accusations”, including those of “harassment” and “bad faith”, and that she should not be allowed to seek protection for such “illicit work. “. approaching the HC.

Lead attorney Aspi Chinoy, who appeared for the BMC, submitted a brief affidavit to a divisional court by Judge SJ Kathawalla and Judge RI Chagla, stating that the action was justified as the work performed at the facility clearly contravened the plan. sanctioned. He added that even in the allegation filed by Ranaut, the actress has not denied that she made illegal alterations and additions to the property.

The BMC also refuted the actor’s claims that no work was being carried out on the property, noting that photographs taken at the premises on Tuesday showed the presence of workers with implements and materials. It maintained that the petitioner has made false and incorrect statements and has not approached the court with “clean hands” and, therefore, should not be awarded any reparations.

In addition, the BMC said that the “stop work” notice it had issued to Ranaut was made with due “application of mind” and that the actor had the opportunity to present any permits or authorizations for construction work under the law.

The BMC had issued a work stoppage notice to Ranaut on Tuesday for the renovation and completion at the Manikarnika Films Production House office on Pali Hill in Bandra West. In his request for interim relief, Ranaut had called the notice illegal and said the civic body had rushed through the demolition process for ulterior motives.

BMC’s affidavit justified the demolition action on the grounds that the renovations and additions to the premises did not conform to the sanctioned construction plan and were therefore illegal. It maintained that the action was taken in accordance with its 2012 policy circular, according to which, “… such construction must be removed immediately upon expiration of the 24-hour notice period.” Given this, the BMC requested the dismissal of the actor’s petition.

While Ranaut’s attorney sought time to respond to the affidavit and amend his petition, the court noted that the “petition was rushed” and allowed the actor to make amendments to it by next Monday. In addition, he ordered BMC to respond to the amended statement before September 18 and published an additional hearing on the actor’s statement until September 22.

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