Mumbai, September 22
The Bombay High Court on Tuesday permitted actor Kangana Ranaut so as to add Shiv Sena’s chief spokesperson Sanjay Raut as a celebration in her plea in opposition to the Brihanmumbai Municipal Corporation over the demolition of part of her bungalow in Mumbai.
A bench of Justices S J Kathawalla and R I Chagla additionally allowed Ranaut so as to add Brihanmumbai Municipal Corporation (BMC) H-ward’s designated officer Bhagyavant Late as a celebration to let him reply to any private allegations that the actress makes in opposition to him.
Ranaut filed a plea within the excessive court docket on September 9, searching for that the court docket declare the demolition of part of her bungalow in Pali Hill space right here by the BMC as unlawful.
She subsequently amended her plea to demand Rs two crore as damages from the civic physique and its officers for the demolition.
While listening to her amended plea on Tuesday, the excessive court docket famous that Ranaut’s counsel, senior advocate Birendra Saraf, had submitted a DVD containing a speech during which Sena chief Raut allegedly made a remark threatening the actress.
Justice Kathawalla identified that if the actress was going to depend on the DVD, then Raut should be given an opportunity to reply.
“What if he (Raut) says that he has not made these statements or that this DVD is fabricated? You have to give him an opportunity to respond,” the bench mentioned.
Saraf then mentioned he additionally wished to make Bhagyavant Late a celebration within the plea because the civic official had issued all communications associated to the unlawful building discover and demolition.
On September 9, the BMC demolished part of Ranaut’s bungalow, alleging she had made unlawful structural adjustments and repairs to the construction breaching the civic physique’s sanction plan.
The bench led by Justice Kathawalla on the identical day stayed the demolition, saying it seemed to be malafide.
Ranaut filed a rejoinder affidavit within the excessive court docket on Monday, stating that she did not make any structural adjustments or repairs illegally.
She additionally denied the BMC’s allegation that her demand for the demolition to be declared unlawful and that she be paid Rs 2 crore in harm by the civic physique was an abuse of the method of legislation.
The actress alleged that the BMC had acted out of non-public vendetta in opposition to her after she made some feedback in opposition to the Shiv Sena-led authorities in Maharashtra.
In her rejoinder affidavit, she claimed that on the day she had been served a discover by the BMC on the alleged unlawful building, a number of different property house owners within the neighborhood of her property, together with designer Manish Malhotra, had been served related notices.
While Malhotra and the others had been granted seven days to reply, she was given simply 24 hours.
Her reply was rejected and the demolition carried out.
On Tuesday, the bench mentioned the BMC should make clear when Malhotra and others named in Ranaut’s affidavit had been served with the unlawful building notices, and if any of these constructions have been demolished but.
The bench additionally mentioned on the following date, each events should argue on the period of time that ought to have been given to Ranaut to reply to the BMC’s demolition discover issued below part 354 (A) of the Municipal Corporation Act.
The court docket additionally directed the BMC to file its response to Ranaut’s rejoinder affidavit by Thursday.
The route got here after BMC’s lawyer, senior counsel Aspi Chinoy, mentioned Ranaut had made some new statements in her affidavit.
He mentioned whereas earlier Ranaut maintained that the alleged structural adjustments had been made some years in the past in consonance with the BMC’s sanction plan, in her affidavit she had outrightly denied having made any structural adjustments to her bungalow.
Ranaut in her rejoinder affidavit mentioned, “I deny that I have carried out unlawful additions and alterations as alleged or at all.”
Last week, the BMC, via its counsel Joel Carlos, filed an affidavit responding to Ranaut’s petition.
It mentioned the actress had made main structural adjustments to the constructing with out the civic physique’s approvals. Therefore, its officers had been merely following the rule of legislation in demolishing these alterations on September 9.
The civic physique had urged the excessive court docket to dismiss Ranaut’s plea and impose a value upon her for submitting the petition, which it mentioned was an “abuse” of the method of legislation.
The excessive court docket is prone to additional hear the matter on Wednesday. PTI