Bombay Excessive Court docket allowed Kangana Ranaut so as to add Sena’s Sanjay Raut in her plea towards BMC
Mumbai:
The Bombay Excessive Court docket in the present day permitted actor Kangana Ranaut so as to add Shiv Sena MP and chief spokesperson Sanjay Raut as a celebration in her plea towards the Brihanmumbai Municipal Company over the demolition of part of her workplace in Mumbai.
A bench of Justices SJ Kathawalla and RI Chagla additionally allowed Ms Ranaut so as to add Brihanmumbai Municipal Company (BMC) H-ward’s designated officer Bhagyavant Late as a celebration to let him reply to any private allegations that the actress makes towards him.
Ms Ranaut filed a plea within the excessive courtroom on September 9, searching for that the courtroom declare the demolition of part of her bungalow in Pali Hill space in Mumbai by the BMC as unlawful.
She subsequently amended her plea to demand Rs 2 crore as damages from the civic physique and its officers for the demolition.
Whereas listening to her amended plea in the present day, the excessive courtroom famous that Kangana Ranaut’s counsel, senior advocate Birendra Saraf, had submitted a DVD containing a speech during which Shiv Sena chief Sanjay Raut allegedly made a remark threatening the actor.
Justice Kathawalla identified that if Ms Ranaut was going to depend on the DVD, then Sanjay Raut should be given an opportunity to reply.
“What if he (Sanjay Raut) says that he has not made these statements or that this DVD is fabricated? You need to give him a chance to reply,” the bench mentioned.
Mr Saraf then mentioned he additionally needed 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 Kangana Ranaut’s bungalow, alleging she had made unlawful structural modifications 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 mala fide.
Ms Ranaut filed a rejoinder affidavit within the excessive courtroom on Monday, stating that she did not make any structural modifications 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 regulation.
The actress alleged that the BMC had acted out of private vendetta towards her after she made some feedback towards 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 homeowners within the neighborhood of her property, together with clothier Manish Malhotra, had been served comparable notices.
Whereas Manish 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 Manish Malhotra and others named in Ms 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 subsequent date, each events should argue on the period of time that ought to have been given to Ms Ranaut to reply to the BMC’s demolition discover issued underneath part 354 (A) of the Municipal Company Act.
The courtroom additionally directed the BMC to file its response to Kangana Ranaut’s rejoinder affidavit by Thursday.
The path got here after BMC’s lawyer, senior counsel Aspi Chinoy, mentioned Ms Ranaut had made some new statements in her affidavit.
He mentioned whereas earlier Ms Ranaut maintained that the alleged structural modifications 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 modifications to her bungalow.
Kangana Ranaut in her rejoinder affidavit mentioned, “I deny that I’ve carried out illegal additions and alterations as alleged or in any respect.”
Final week, the BMC, by means of its counsel Joel Carlos, filed an affidavit responding to Ms Ranaut’s petition.
It mentioned the actress had made main structural modifications to the constructing with out the civic physique’s approvals. Due to this fact, its officers had been merely following the rule of regulation in demolishing these alterations on September 9.
The civic physique had urged the excessive courtroom to dismiss Ms Ranaut’s plea and impose a price upon her for submitting the petition, which it mentioned was an “abuse” of the method of regulation.
The excessive courtroom is prone to additional hear the matter tomorrow.
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