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Mumbai:
The Bombay High Court on Friday requested if all of the buildings at actor Kangana Ranaut’s bungalow which the Brihanmumbai Municipal Corporation (BMC) demolished on September 9 had been below building, or in the event that they existed earlier.
A division bench of Justices SJ Kathawalla and RI Chagla, listening to the actor’s petition in opposition to the demolition, additionally requested why the BMC pulled down a number of buildings on the bottom flooring.
As per the BMC, Ms Ranaut had carried out a number of alterations with out permission at her Pali Hill bungalow which had been first seen on September 5.
The courtroom needed to know whether or not alterations, unlawful or not, existed previous to that, as a result of below part 354 A of the Mumbai Municipal Corporation Act, the BMC can cease solely “ongoing” unlawful building.
Ms Ranaut has already acknowledged in her amended petition that she had pictures from a pooja ceremony performed in January 2020 and pictures from Elle Dcor journal difficulty of April-May 2020 which present that demolished parts existed again then.
Therefore, the BMC’s allegation that unlawful work was happening was false, her plea mentioned.
The actor maintained that she didn’t perform any unlawful building, and no matter alterations had been made, they existed previous to the BMC’s motion.
Ms Ranaut’s lawyer, senior counsel Birendra Saraf informed the bench on Friday that when the civic physique served a demolition discover, just some waterproofing work was happening and she or he had the requisite permissions for it.
“Notwithstanding the fact that there has never been any illegal work carried out, the portions that the BMC has said to be ongoing illegal construction, existed prior to when the illegality was allegedly detected,” Mr Saraf mentioned.
He additionally identified that the pictures submitted in courtroom by the BMC on Friday didn’t have any digital time stamp however solely a word courting them to September 5.
The courtroom requested senior counsel Aspi Chinoy, who appeared for the BMC, to ask the BMC officer who took the pictures to submit his cellphone to the courtroom, in order that it may be ascertained when the pictures had been taken.
“We will be examining whether this work was an ongoing work,” the courtroom mentioned and requested Ms Ranaut’s lawyer to tell, on the subsequent date, whether or not all demolished parts existed in the identical type in January 2020.
The courtroom additionally famous that the BMC in its affidavit had mentioned that Kangana Ranaut had modified the place of the doorway of the bottom flooring, however many extra issues on the bottom flooring had been demolished.
“What we are thinking is, how was the ground floor demolished if there is no ongoing work there. The only thing shown is that the position of the entrance gate is changed, there is no ongoing work shown on the ground floor.
“Whatever they’ve alleged within the affidavit relating to the bottom flooring is all already performed (up to now). So how was the bottom flooring demolished,” it requested.
Mr Saraf mentioned the whole motion was malicious, which was proved by the truth that the BMC took motion after Ms Ranaut made some crucial remarks concerning the Maharashtra authorities.
The arguments will proceed on Monday.
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