Sonu Sood's Intentions 'Malafide' Not Approached The Court With "Clean Hands", Says Bombay High Court In 'Illegal Constructions" Case

Justice Prithviraj Chavan observed that in the past two years, the couple continued carrying out "illegal additions and alterations" to the six-storey building they intended to convert into a residential hotel, and instead re-erected portions demolished by the BMC.

The court was particularly peeved by the manner in which an earlier demolition order issued by the civic body was concealed from the court. "It can be seen that nothing has been disclosed by the appellants(Sood) in the plaint which, in normal course, they ought to have disclosed all the facts in respect of the suit building and the earlier notice, their reply as well as conclusion drawn by the Authority and an order which came to be passed in accordance with section 354 (A) of the M.M.C Act. Since the order dated 4th February, 2020(of demolition) has not been challenged, it has attained finality."

The Court noted how Sood, apprehended action from the BMC in 2018, and therefore, in a "deceitful manner," informed them about his application for change of user- from residential to commercial- a month in advance. "This itself is sufficient to refuse the relief of temporary injunction, since the appellants have not approached the Court with clean hands and it is apparent that their intention was mala fide. The respondents had demolished the offending structure on 12th November, 2018 for the first time."

Justice Chavan rejected Sood's defence taken under section 43 of the MRTP Act that he did not require permission for repairs especially since it is an admitted fact that the couple wanted to convert the building into a residential hotel. "It is pertinent to note that the appellants cannot take aid of section 43 by contending that no such permission is necessary for the simple reason that the proviso to section 43 contemplates that such permission is not necessary for carrying out a work of maintenance/ improvement… This is significant in the light of the fact that the appellants themselves have come with a case that they want to convert the offending structure into a residential hotel."

The couple has now approached the Supreme Court against the Bombay High Court's order dated January 21, 2021.

The notice was issued in October, 2020 under section 53 of the MRTP Act, with regard to alterations made to a six- storey residential building named Shakti Sagar, in Juhu.

In a suit filed in the City Civil Court, in November 2020, Sood challenged the notice and sought temporary relief from demolition. The actor was denied interim relief by the Court. Sood then approached the Bombay High Court which also denied relief via the above order.

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