This is an archive article published on September 10, 2020
Kangana’s office demolition justified, says BMC as HC adjourns matter till Sept 22
The civic body said Ranaut had made “false, baseless, unwarranted allegations”, including those of “harassment” and “malafide”, and she should not be permitted to seek protection for such “unlawful work” by approaching the HC.
The BMC on Thursday told the Bombay High Court that actor Kangana Ranaut had been carrying out “substantial alterations” in her Bandra property “contrary to the sanctioned plan” and its action of demolition of these structures was justified and without any “malafide”.
The court went on to adjourn the matter for further hearing on September 22 after Ranaut’s counsel Rizwan Siddique sought time to respond to the BMC affidavit. The court’s order restraining BMC from undertaking further demolition work at the property will continue till then.
The HC had on Wednesday stayed the demolition of alleged unauthorised structures at Ranaut’s Pali Hill office, hours after the BMC had started the exercise. The court had said the BMC’s action “prima facie does not appear to be bonafide and smacks of malafide” and directed the civic body to file an affidavit in response to Ranaut’s plea seeking interim relief of stay on the demolition work.
In its reply, the civic body on Thursday said that the actor had made “false, baseless, unwarranted allegations”, including those of “harassment” and “malafide”, and she should not be permitted to seek protection for such “unlawful work” by approaching the HC.
Senior counsel Aspi Chinoy, appearing for the BMC, submitted a short affidavit to a division bench of Justice S J Kathawalla and Justice R I Chagla, stating that the action was justified as the work carried out in the premises was clearly in contravention of the sanctioned plan. It added that even in the plea filed by Ranaut, the actor has not disputed that she carried out unlawful alterations and additions to the property.
The BMC also refuted the actor’s claims that no work was in progress at the said property, saying that photographs taken in the premises on Tuesday showed presence of workmen with implements and materials. It submitted that the petitioner has made false and incorrect statements and has not approached the court with “clean hands” and therefore, no relief should be granted to her.
Further, the BMC said that the “stop work” notice it had issued to Ranaut was done with due “application of mind” and the actor was given the opportunity to produce any permission or authorisation for the construction work as per law.
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The BMC had issued a stop work notice to Ranaut on Tuesday over the renovation and finishing work at Manikarnika Films Production House office at Pali Hill in Bandra West. In her plea seeking interim relief, Ranaut had called the notice illegal, and said the civic body had hurried with the demolition process for ulterior reasons.
The BMC affidavit justified the action of demolition on the ground that the alterations and additions in the premises were not as per the sanctioned building plan and therefore were illegal. It maintained that the action was taken as per its 2012 policy circular, according to which, “…such construction should be removed forthwith on expiry of notice period of 24 hours”. In view of this, the BMC sought dismissal of the actor’s petition.
As Ranaut’s counsel sought time to respond to the affidavit and to amend her petition, the court noted that the “petition was filed in haste” and allowed the actor to make amendments to it by next Monday. Further, it directed BMC to respond to the amended plea by September 18 and posted further hearing on the actor’s plea to September 22.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
