[LIVE-UPDATES] Bombay HC Hearing On Kangana Ranaut's Plea Against Demolition Of Her Office Building By BMC

Sakhare: It is factually incorrect that when Ranaut's advocate came on September 9, the BMC officer locked the bungalow from inside and continued demolition with mala fide.

Bench: Yes, these are all denials, we have seen them.

Sakhare: The BMC officer (Bhagyavant Late) is attached with the concerned Ward since June 2019.

He then reads out the officer's denial of having any “ill will” towards Ranaut.

“He did nothing on extraneous grounds,” says Sakhare.

“You make serious allegations against the party in power, against officers of a statutory body, do not give any fact or material but expect the Court to link the case through tweets etc? This is unreasonable,” says Sakhare (for BMC).

"Except for her (Kangana Ranaut) word, there is no connection," says Sakhare for BMC officer Bhagyavant Late.

He further states that the allegations of mala fide are being used by Ranaut as a "last refuge" of a losing litigant.

Citing several judgements arguing against mala fide alleged by the petitioners, Sakhare submits,

"If one doesn't have a case in law or fact, allegations of mala fide are made. In this case also the petitioner doesn't have any case of mala fide in fact or in law."

"There is a presumption that the power by a Government has been exercised in Good Faith" - Says Sakhare, adding that mala fides require credible proof of high degree.

Sakhare now adds that the Party which alleged malice must set up evidence and face cross-examination (Kangana Ranaut in the instant case).

"Then a civil court can adjudicate whether there is malice," he adds.

Anil Sakhare (for BMC) tells the Court that allegations of "Mala fides" are very easy to make and very difficult to prove. "Here the allegations are vague & without material particulars. Further, no proof is adduced," he adds.

He further tells Court that the burden of establishing mala fide is on the person who makes it and that Ranaut has not been able to successfully discharge it.

Senior Advocate Anil Sakhare for BMC informs the Court that another affidavit has been filed.

He tells the Court that he will be addressing the Court on issue of Mala fides which have been alleged against the Corporation.

Court is informed that Advocate Pradeep Thorat for Sanjay Raut shall not appear today due to personal reasons.