No mala fide, Kangana Ranaut hasn’t denied illegality: BMC to Bombay HC

MUMBAI: The BrihanMumbai Municipal Corporation (BMC) on Thursday said that the relief sought by actor Kangana Ranaut by filing a writ petition “constitute an abuse of process, as the record establishes that as part of work was ongoing in the premises’’. The BMC said this in its affidavit before Bombay high court filed by Bhagyavant Late, designated officer, H/West Ward, Bandra, west. He said that Kangana “has unlawfully made substantial alterations and additions to the property contrary to the sanctioned building plan.’’
At the hearing on Thursday, senior counsel Aspi Chinoy for BMC said, "work which is clearly in contravention of sanctioned plan has been done with complete abandon. Even in current petition there is not even an assertion that it not unlawful.'' To this Justice S J Kathawalla said the petition was filed "in haste'' as even Kangana's counsel Rizwan Siddiquee sought time as he said he has to file a rejoinder and to amend the petition filed in haste, since he could only meet the actor after 6.30 pm on Wednesday.

Siddiquee said he would amend the petition by Monday. Chinoy sought three-four days tothen respond.
Siddiquee said "there is no electricity and water pipes''. Chinoy said there should be a "status quo'' and she should not be allowed change anything. "Let us see whether she has a right to carry on with this sort of work."
It is a residential premise and house help stays there said her lawyer.
The matter is now kept on September 22.
The HC on Wednesday in a scathing order against BMC, had directed it to immediately stay the demolition after observing that the “conduct of corporation was highly deplorable’’ The BMC was demolishing a part of Ranaut's upscale bungalow at Pali Hill in Bandra, west for alleged unauthorize construction. The order came at an urgent hearing, within hours of the civic squad launching the demolition. The stay order will continue till the next hearing, said the HC on Thursday.
Bombay high court on Wednesday directed BMC to “forthwith stop the demolition’’ of a part of Bollywood actor Kangana Ranaut's upscale bungalow at Pali Hill in Bandra, west for alleged unauthorize construction. The order came at an urgent hearing, within hours of the civic squad launching the demolition.
The HC bench of Justices S J Kathawalla and Riyaz Chagla had said that “though the manner in which the BMC proceeded to commence the demolition prima facie... smacks of mala fide’’ it was giving “an opportunity to the corporation to explain its conduct on affidavit by 3 pm on Thursday.’’
Kangana, who at the time was not in Mumba, through her lawyer Rizwan Siddiquee had approached the HC to prevent the "illegal, arbitrary and mala fide’’ demolition which she claimed was “a fallout over the difference of opinion with certain influential people operating in the administration and the Maharashtra government.''
The affidavit by BMC said that the illegal construction includes construction of “new tpilets including in open chowk area and in parking area, conversion of existing s in to cabins, construction of pantry, kitchen cabins etc’’
“Both in her advocate’s reply dated September 8 and even in the petition, she has not disputed carrying out the unlawful alterations and additions In fact having regard to work carried out and the contents of sanctioned plan, there is no basis for her to dispute the unlawful work carried on.’’ The BMC said she has made “false, baseless and unwarranted allegations of “harassment” and “malafides’’ and she should not be permitted to seek protection for such “unlawful work by approaching he HC’’.
The BMC said that in course of routine inspection of area a Mukadam has noticed construction going on on September 5 and prepared a “detection report’’ that day. A team of officers of the H?West ward designated officer visited the property and found tools and workmen present. “A detailed inspection” found that alterations were “contrary to sanctioned plans.’’ A notice under section 354A of the Municipal Corporation Act governing illegal construction and its demolition was issued at 10 am on September 8.
By the notice the actor was required to produce permission for such work within 24 hours, failing which they would be removed “without further notice,’’ said the BMC.
On September 8 at about 4 pm, advocate Siddiquee for Kangana submitted a reply. BMC said the reply made “incorrect and baseless allegations of trespass and intimidation” and “did not dispute the substantial work of alterations and additions contrary to the sanctioned plan’’ he sought seven days to respond.
The BMC said that on September 9, Wednesday, its order of demolition was communicated to the advocate and posted on the site in the morning.
At about 10.55 am a site panchanama was prepared in presence of Khar police on Wednesday and demolition work commences in presence of Khar police at 11 am.
The BMC said a “substantial part of illegal work…was demolished by the time intimation was received that the HC has directed stay of the demolition.’’
On Wednesday the HC said, “We cannot help but mention here that if the MCGM would act with similar swiftness qua the numerous unauthorized constructions in this City, the City would be a completely different place to live in.’’