Mumbai High Court allowed actress Kangana Ranaut on Tuesday to add Shiv Sena’s chief spokesperson, Sanjay Raut, as part of her statement against the Brihanmumbai Municipal Corporation for the demolition of part of her bungalow in Mumbai. In response to this, Sanjay Raut used his Twitter account and wrote: “The case of an actress in the Honorable Superior Court deals with the demolition of an illegal structure by BMC, which is an independent body, and the claim is that RS deputy Sanjay Raut be a party.. ” [sic]
In addition, he wrote: “Since the Babri 2 case on the foot of Marathi pride, I have faced several cases! This would not deter me from fighting for the pride of my city and my Maharashtra.” [sic]
The case brought by a performance in the Honorable Supreme Court is a demolition of an illegitimate structure by BMC, which is an independent body, and the demand is 2 mk, the deputy of RS SanjayRaut is a party! Frm Babri case 2 standng fr Marathi pride, I have facd several cases! This will not deter me from fighting the pride of my city and my Maharashtra
– Sanjay Raut (@ rautsanjay61) September 22, 2020
A bench of SJ Kathawalla and RI Chagla judges also allowed Ranaut to add Brihanmumbai Municipal Corporation (BMC) H-ward designated officer, Bhagyavant Late, as part to allow him to respond to any personal accusations the actress makes against him.
Ranaut filed a statement in the superior court on September 9, requesting that the court declare the demolition of a part of his bungalow in the Pali Hill area here by BMC illegal. Later, it amended its petition to demand two million rupees as damages to the civic body and its officials for the demolition.
While listening to her amended statement Tuesday, the high court noted that Ranaut’s attorney, lead defender Birendra Saraf, had released a DVD containing a speech in which Sena leader Raut allegedly made a comment threatening the actress. .
Judge Kathawalla noted that if the actress was to trust the DVD, then Raut would have to have a chance to respond. “What if he (Raut) says that he has not made these statements or that this DVD is manufactured? You have to give him the opportunity to respond,” said the bank.
Saraf then said that he also wanted to make Bhagyavant Late a part of the guilty plea, as the civic official had issued all communications related to the illegal construction notice and demolition. On September 9, the BMC demolished part of Ranaut’s bungalow, claiming that he had made illegal structural changes and repairs to the structure in violation of the civic body’s sanctions plan.
The bank led by Judge Kathawalla the same day suspended the demolition, saying it appeared to be in bad faith. Ranaut filed a rejoinder affidavit in superior court on Monday, stating that he did not make any structural changes or repairs illegally.
He also denied the BMC’s claim that his demand that the demolition be outlawed and that the civic body pay him 2 million rupees in damages was an abuse of legal process.
The actress alleged that BMC had acted as personal revenge against her after she made some comments against the Shiv Sena-led government in Maharashtra. In her rejoinder affidavit, she claimed that on the day BMC served her a notice about the alleged illegal construction, several other owners in the vicinity of her property, including fashion designer Manish Malhotra, received similar notifications.
While Malhotra and the others were given seven days to respond, she was only given 24 hours. Her answer was rejected and the demolition took place. On Tuesday, the bank said the BMC should clarify when Malhotra and others named in Ranaut’s affidavit were notified of the illegal construction notices, and if any of those structures have already been demolished.
The bank also said that on the next date, both parties will have to discuss the amount of time that Ranaut should have been given to respond to BMC’s demolition notice issued under section 354 (A) of the Municipal Corporations Act. The court also ordered the BMC to file its response to Ranaut’s rebuttal affidavit by Thursday. The address came after BMC’s attorney, lead attorney Aspi Chinoy, said that Ranaut had made some new statements in his affidavit.
He said that while Ranaut previously maintained that the alleged structural changes had been made some years ago in line with the BMC sanctions plan, in her affidavit she had flatly denied having made structural changes to her bungalow.
Ranaut in his rejoinder affidavit said: “I deny that he made illegal additions and alterations as alleged or at all.” Last week, the BMC, through its attorney Joel Carlos, filed an affidavit in response to Ranaut’s request. She said the actress had made major structural changes to the building without the approval of the civic body. Therefore, its officials were simply following the rule of law by demolishing these alterations on September 9.
The civic body had urged the higher court to dismiss Ranaut’s guilty plea and impose a cost on him for filing the petition, which it said was an “abuse” of the legal process. The higher court is likely to hear the matter further on Wednesday.
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The hearing of the demolition case of the Kangana Ranaut office was postponed, Sanjay Raut will be part
(with PTI inputs)
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