Kangana Ranaut Vs BMC Case: The Bombay high court continues the hearing of Kangana Ranaut demolition case filed against BMC. HC is hearing Kangana Ranaut’s arguments in the writ petition challenging the demolition of her property by the BMC on grounds of allegedly having carried out illegal alterations. Sr Adv Birendra Saraf appears for Kangana and Sr Adv. Aspi Chinoy appears for BMC.Also Read - Tested Positive For Omicron? Follow These Home Isolation Guidelines

Adv. Aspi Chinoy submits that the mobile phone of the BMC official who claimed to have taken the photographs on September 5 of the building, has been deposited before the Court. The bench had directed to do so on the last date.  However, Saraf submits that the SC has said that there should be 7 days notice for demolition, that photographs should be annexed to the notice, etc and that the violation of these procedural guidelines will make the demolition illegal. Also Read - Maharashtra: Passengers Arriving In Mumbai From UAE Exempted From 7-Day Home Quarantine | Details Here

During Kangana Ranaut’s case hearing on September 25, the Bombay High Court questioned how the ground floor of her bungalow-cum-office was demolished even when there were no altercations made there. Adv. Saraf had said, The building was purchased in 2017. In 2018, she made an application for structural repair of the building as it was 42 years old. A structural audit of the building placed it in the C2B category. In October 2018, MCGM sent a letter to the petitioner stating that proposed structural repairs were major and should be carried out to the satisfaction of the Structural Consultant. In May 2019, Kangana sent a letter to the BMC enclosing the letter of the consultant certifying the building fit for inhabitation after structural repairs. She was later granted permission for renovation works. At every stage, she proceeded with necessary permissions, after consultations with experts,” Dr.Saraf said. Also Read - BMC to Set Up Its Electric Incinerator For Pet Animals at Dahisar: Mumbai Mayor Kishori Pednekar

It was also re-asserted that the demolition was linked to Ranaut’s differences with the ruling Shiv Sena regime in Maharashtra.

Live Updates

  • 6:24 PM IST

    The bench to continue the hearing tomorrow at 3 PM. Justice
    Kathawalla now tells Thorat (Sanjay Raut’s lawyer) : Mr Thorat, tomorrow will
    be your turn.

  • 4:20 PM IST

    Kangana’s lawyer Saraf takes objection to Chinoy saying that she was trying to take advantage of the umbrage of the Court. Chinoy says he is responding to the allegations of mala-fides.

  • 3:39 PM IST

    Chinoy continues…When the response was “no work is being carried out”, I don’t have to wait(for demolition). The law says that. There is no need for elaborate hearing over 7 days. Nowhere in the entire petition, she doesn’t say she did not carry out the work, she had permission for the work etc. This is a writ under Article 226. You can’t play poker. She has made only evasive denials, carefully, knowing fully that she has violated the laws.

  • 3:39 PM IST

    Chinoy: It is the reverse side of the coin. She has made unlawful changes and is claiming demolition to be a response to her utterances. As judges and lawyers, sometimes we get coloured by what is said in the media. There is a studied silence in her petition as to when these alterations were made. The general rule is that writ petition is not maintainable in such a case. There is not a word in the petition or in the amended petition as to why writ should be entertained and what are the exceptional circumstances as to why it should not be send to a civil court.

  • 3:39 PM IST
    Adv. Chinoy starts submissions for BMC: He says that he would like to start by giving a perspective on the matter. Petitioner has been characterized as a person who has been victimized and harassed. The reality is that the petitioner has carried out unauthorized structural alterations. The petitioner would have us believe that all this is the reaction to her public utterances and statements.
  • 2:47 PM IST

    Bombay High Court plays an audio clip of Sanjay Raut’s statements against Kangana Ranaut after lawyer alleges malice in demolition

    A bench comprising Justices J Kathawalla and RI Chagla asked Adv. Saraf to play the audio clip of Sanjay Raut. This was after Saraf submitted that the demolition was vitiated by malice as it was a vindictive action against Kangana for her remarks against Maha govt.

  • 1:58 PM IST
    Saraf: We will also produce the interview of Raut where he said what he meant by “haramkhor”
    J Kathawalla: We also have dictionaries
    Saraf: He says ‘haramkhor’ means ‘naughty’
    J Kathawalla: Then what does ‘naughty’ mean

    In an interview, Raut said, in Maharashtra if one says you are ‘Haramkhor’ means you are very naughty and the second one is a cheater. We all use such terms in humor.
  • 1:56 PM IST
    J Kathawalla says the court wants the full interview of Sanjay Raut

  • 1:53 PM IST

    J Kathawalla tells BMC’s lawyer Chinoy: The bench does not want to have the phones and that it is interested only in the files (of the official who claimed to have taken the photos of the building).

  • 1:52 PM IST

    Kangana’s lawyer Saraf: Petitioner has really been wronged in this case. Her house has been demolished without following procedure established by law