The Bombay High Court allowed Kangana Ranaut to add Sanjay Raut de Sena in his case against BMC
Mumbai:
Mumbai High Court today allowed actress Kangana Ranaut to add MP Shiv Sena and chief spokesperson Sanjay Raut as party to her plea against the Brihanmumbai Municipal Corporation for the demolition of part of her bungalow in Mumbai.
A bench of judges SJ Kathawalla and RI Chagla also allowed Ms. 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. .
Ms. Ranaut filed a statement with the high court on September 9, requesting that the court declare the demolition of a part of her bungalow in Mumbai Pali Hill area illegal by BMC.
He later modified his petition to demand Rs 2 crore as damages to the civic body and its officials for the demolition.
While listening to his amended statement today, the high court noted that Kangana Ranaut’s attorney, lead defender Birendra Saraf, had submitted a DVD containing a speech in which Shiv Sena’s leader, Sanjay Raut, allegedly made a comment threatening the actor.
Judge Kathawalla noted that if Ms. Ranaut was to trust the DVD, then Sanjay Raut would have to have a chance to respond.
“What if he (Sanjay Raut) says that he has not made these statements or that this DVD is manufactured? We must give him the opportunity to respond,” said the bank.
Mr. Saraf then said that he also wanted to make Bhagyavant Late a party in 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 a part of Kangana Ranaut’s bungalow, claiming that it 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 mala fide.
Ms. Ranaut filed a rejoinder affidavit in superior court on Monday, stating that she 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 his rejoinder affidavit, he claimed that on the day BMC served him a notice about the alleged illegal construction, several other owners in the vicinity of his property, including fashion designer Manish Malhotra, received similar notifications.
While Manish Malhotra and the others were given seven days to respond, she was only given 24 hours.
His answer was rejected and the demolition took place.
On Tuesday, the bank said the BMC should clarify when Manish Malhotra and others named in Ms Ranaut’s affidavit received 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 should have been given to Ms. Ranaut to respond to BMC’s demolition notice issued under section 354 (A) of the Corporations Act. Municipal.
The court also ordered the BMC to file its response to Kangana Ranaut’s rebuttal affidavit by Thursday.
The address came after BMC’s attorney, lead attorney Aspi Chinoy, said that Ms. Ranaut had made some new statements in her affidavit.
He said that while Ms. Ranaut previously claimed 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 any structural changes to her bungalow.
Kangana Ranaut in her 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 Ms. Ranaut’s request.
He 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 high court to dismiss Ms. Ranaut’s guilty plea and impose a cost on her for filing the petition, which it said was an “abuse” of the judicial process.
The higher court is likely to hear the matter tomorrow.
(Except for the headline, this story has not been edited by NDTV staff and is posted from a syndicated channel.)
.
