Kangana withdraws suit against BMC in Bombay High Court

Actor Kangana Ranaut unconditionally withdrew the suit she had filed against the Brihanmumbai Municipal Corporation (BMC) over a demolition notice in connection to illegal construction of her house in 2018.

The suit will be withdrawn within four days, according to a statement by Ranaut’s advocate Birendra Saraf in court.

Kangana Ranaut will apply for regularisation of the structure within 4 weeks. The BMC shall decide her application for regularisation expeditiously in accordance with the law, as per the court’s order.

In case the BMC order is against Kangana Ranaut, she will get 2 weeks time to approach the court again. Saraf sought two week’s time, while BMC opposed saying that no such relief can be granted.

Advocate Aspi Chinoy, representing the BMC, highlighted the Supreme Court order in actor Sonu Sood's case that said Sood's application will be decided in accordance with law by BMC.

However, Saraf said that Sood's case was not a precedent and it should not be that BMC rejects Kangana's application for regularisation and then demolishes her house the next day. The court finally agreed to give Kangana the protection of 2 weeks after the BMC's order.

Before Kangana had approached the high court, Sood had approached the court against a BMC notice to demolish illegal portions of a residential building, which he had converted into a hotel.

After his plea was rejected by the high court, he had approached the Supreme Court. However, he withdrew his plea there and opted to request BMC to regularise his building.

In Kangana's case, while making the submissions for withdrawal, Saraf asked the court to "record contention that the illegal construction was not done by the developer”. BMC’s advocate Chinoy objected to this statement.

During the proceeding, Justice Prithviraj Chavan asked Saraf if the withdrawal was unconditional or not. Saraf said that it was unconditional and thus dropped his request.

Kangana Ranaut had approached the Mumbai High Court after a sessions court rejected her plea to stay the notice sent by BMC for demolishing illegal portions of her property.

The Dindoshi sessions court had noted that Kangana Ranaut had indulged in "grave violation of the sanctioned plan" while amalgamating three flats to make a home for herself in Khar area of Mumbai.

In its order passed in December 2020, the sessions court had said, “Kangana, being an owner of three flats, converted these three units into one unit. She has covered the sunk area, duct area, common passage as per her own convenience and included free FSI into habitable. These are the grave violation of the sanctioned plan for which the permission of the Competent Authority is required. As discussed above, I held that the plaintiff (Kangana) has failed to show the authorisation of the notice structure. She also failed to demonstrate that, the impugned notice and orders passed by the Designated Officer are bad in law. Therefore, she is not entitled to the relief of injunction against the defendants (Brihanmumbai Municipal Corporation, or the BMC)."

In 2018, the BMC had issued notice to Kangana Ranaut for unauthorised construction at her apartment, where she has 3 apartments on the 5th floor of a building named Orchid Breeze situated at Khar West, Mumbai.

She had merged the apartments and constructed more than the permissible limit, taking 50 per cent more area of the uninhabited portion of the floor.

Besides Ranaut, the builder of the apartment RKW Construction had approached the court against BMC, seeking a stay in implementation of notice issued for violations related to the sanctioned plan.

Asianet.in/NewsDesk: Asianet Online