Kapil Sharma, Irrfan Khan might face jail up to 3 years for illegal construction

Also read: Mumbai police registers case against Kapil Sharma for illegal extension

Kapil and Irrfan have both been booked for illegal construction. A FIR against Kapil was filed on Monday for alleged unauthorised extensions in his flat in DLH Enclave in Goregaon. The FIR under section 53 (7) of the Maharashtra Regional and Town Planning (MRTP) Act reads – “Today on 12-9-16 Oshiwara police station has registered a case vide Spl LAC NO. 157/16 u/s 53(7) MRTP Act on complaint of Shri Abhay Dinkar Jagtap 39 yrs Sub -Engineer BMC P /South ward Mumbai against Mr. Kapil Sharma Owner of flat on 9th floor in building DLH ENCLAVE CTS No. 1A/1/B/2 Goregaon Village Oshiwara New link road Mumbai. Special lac no. 156/16 against Irrfan Khan, 5th flr DLH ENCLAVE.”

According to lawyer Sattwik Shekhar, “When the planning authority serves a notice to land/flat owners to take certain steps in lieu of unauthorised development, the owner is generally given a time of one month to comply with such requirements. If the owner fails to comply, the authority has the power to prosecute the owner under Section 53(6) of Maharashtra Regional and Town Planning Act, 1966. On conviction, the owner can be punished with imprisonment for a term one month to three years and a fine ranging from Rs. 2000 and Rs. 5000 under Section 53(7) of the Act. In other words, if Kapil Sharma and Irrfan Khan are convicted for offenses mentioned in the FIR filed against them for unauthorised developments in their respective property, they can face jail term from one month to three years and will be required to additionally pay a fine.”

If convicted, both the stars can get a jail term upto 3 years and a penalty of maximum Rs 5,000.

The BMC has claimed that it found major violations in 15 flats in the building, majorly on the 9th floor, where Kapil owns a flat. Among the many things mentioned, the complaint list includes illegal merger of elevation features, ducts, voids, common passage and part podium for parking. Irrfan’s flat is on the fifth floor, and it is said the construction these stars carried out was against the guidelines issued by the P-South ward office in November 2013. It was in July this year that the Oshiwara police demanded that a complaint must be registered. According to reports, the officials had planned to file a FIR after Ganesh Chaturthi.

Also read: Bribe charge: MNS files complaint against Kapil Sharma

Kapil had kicked up a controversy last week by alleging that he had been asked to pay a bribe of Rs five lakh by an official of BMC which, in turn, claimed that the actor had flouted norms in his Versova office building and his apartment in suburban Goregaon.
Earlier in the day, the Raj Thackeray-led MNS filed a complaint against the artist for keeping mum on his allegation that civic officials had demanded money from him, and violation of building norms by him.

MNS group leader in BMC, Sandeep Deshpande, filed the complaint against Sharma at Versova police station. He demanded that the complaint be turned into a FIR and an investigation be ordered into the matter.

Also read: Kapil Sharma row: 50 bungalow owners under scanner for mangrove destruction

MNS general secretary Shalini Thackeray also visited the tehsildar office in suburban Andheri along with her supporters and demanded officials concerned to register an FIR against Kapil for allegedly destroying mangroves.