BMC: Junk Kangana suit against violation notices

MUMBAI: The BMC has sought the dismissal of a suit that actor Kangana Ranaut filed last year against municipal notices issued to her for alleged unauthorised alterations to three flats she owns.
In an affidavit on Monday, the BMC said it was not a "fit case" for grant of interim relief to her. It said she should be put to the test of "strict proof" on her claim that she would suffer loss and damage if not granted interim relief.
DB Breeze, the luxury 16-storey tower opposite Khar Gymkhana where Ranaut owns three flats, has other residents also in court against the BMC. The building has been under the BMC scanner for alleged unauthorised constructions and violations of the building plan since March 2018. In Ranaut's case, too, the BMC said the alterations were contrary to the sanctioned floor plans. There is a status quo order in Ranaut's suit since last January.
Her plea is that the BMC should be restrained from taking action, and her lawyer last year said the notice was vague about the violations.
While its affidavit names the violations, the BMC has also questioned the jurisdiction of the court in entertaining the suit, barred under the Maharashtra Regional and Town Planning Act.
The BMC had issued the occupancy certificate for the building in 2014. The actor had first approached the city civil court in Dindoshi in May 2018 against the BMC notice. In October that year, the court directed the BMC to pass new orders after considering the actor's reply. On December 22, 2018, the BMC filed it, against which the actor went to court in January 2019.
On Wednesday, her lawyer sought time for a rejoinder to BMC's reply. The matter will be heard on September 25.
The actor had last October written that while the building plans were passed under the Development Control Regulations 1991, with the new DCR 2034 passed in September 2018 she was informed that "no application for regularisation or for any other purpose that may find a place in the new DCR should be entertained till October 24, 2018 ... as there are some final nitty gritties to be ironed out".