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[Breaking] Bombay HC Stays BMC's Demolition Of Kangana Ranaut's Building [Read Order]

Nitish Kashyap
9 Sep 2020 8:20 AM GMT
[Breaking] Bombay HC Stays BMCs Demolition Of Kangana Ranauts Building [Read Order]
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The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation to stop the demolition being carried out by the civic body at actor Kangana Ranaut's house in Pali Hill, Bandra for removal of alleged illegal construction.

Division bench of Justice SJ Kathawalla and Justice RI Chagla heard the matter via video conferencing and directed the municipal corporation to file an affidavit. The matter has been adjourned to 3 pm tomorrow.

Kanagan's lawyer Advocate Rizwan Siddique was present outside the actor's house when demolition took place and he attended the hearing sitting in his vehicle parked outside the actor's house itself. Advocate Siddique submitted before the bench-

"Everything that they are doing is illegal. Even the notice that they have issued is illegal because no work was going on at the property. I have also challenged the entry to the premises because entry was also illegal."

He also said he is contemplating filing a criminal case of trespass against these officers of the BMC "because they have taken law into their own hands."

As for the demolition itself which began today morning, Adv Siddique said-

"The BMC notice was received at around 10 am in the morning, we replied to it the same day but they rejected my reply at 10:19 am and by that time they were already prepared to demolish. I even informed them that the matter is before the High Court now but they did not listen."

The notice describes that unauthorised work has been carried out in the said premises and states-

Ongoing renovation and finishing work to the unauthorised portion at above premises which is beyond approved BCC plan. However, during inspection following works are observed beyond approved BCC plan -

(a) Toilet unauthorizedly converted into an office cabin on the ground floor.

(b) Unauthorised kitchen is constructed in store room on the ground floor.

(c) New toilets are unauthorizedly constructed beside the staircase inside the store and another in parking area on the ground floor.

(d) Unauthorised Pantry is constructed on the ground floor.

(e) Unauthorised room/cabin with wooden partition made in the living room on the first floor.

(f) Unauthorised meeting room/cabin with wooden partition made in the pooja room on the first floor.

(g) Unauthorised construction of toilets in an open chowk area with brick masonry walls and slab on first floor.

(h) Unauthorised horizontal extension of slab at front side admeasuring 2'6'' on first floor.

(i) Staircase orientation is changed on the second floor.

(j) Balcony found enclosed in a habitable area by removing partition walls on the second floor.

(k) Unauthorised horizontal extension of slab at front side admeasuring 3' on second floor.

(l) Bedroom of adjoining bungalow no. 4 is merged into bungalow no. 5 by removing the partition wall on the second floor.

(m) Toilet of adjoining bedroom (i.e bungalow no. 4) is found removed and the same area is used as a habitable area on the second floor.

(n) Position of the main entrance gate is found changed.

Click Here To Download Order

[Read Order]

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