The Bombay High Court revoked the demolition notice against Kangana Ranaut’s property and also gave permission to make her property habitable.
A big win for Bollywood actress Kangana Ranaut after the Bombay HC quashed the BMC demolition order. The court pulled up the civic body as well for the demolition exercise saying it acted with malice adding that the construction that happened in the site was pre-existing. The HC has also ordered the appointment of a valuer to decide the compensation which will be paid to Kangana for the destruction of her property and submit a report. On one hand, Kangana has hailed the decision while Maharashtra Chief Minister Udhavv Thackery termed her comments comparing Mumbai to POK as an insult to all Mumbaikers.
The Bombay HC said that the BMC acted out of malice, the same allegations were also made by Kangana herself as well. Court also concluded that the destruction of Kangana’s property was done on a wrongful basis which is intentional disregard of the citizen’s rights by going ahead and demolishing that illegal part without giving adequate notice to the concerned person. The court also questioned the motive behind the demolition. And even if the property is illegal a person has the right to apply for a regularization order, that opportunity was not given to Kangana Ranaut according to the Bombay High Court. The Court also pointed out that before a bulldozer is bought in front of the building extensive procedures have been laid down in the law which did not happen in this case.
On 7th September, BMC issued a notice to stop the work that has been going on inside Kangana Ranaut’s premises. The next day BMC stuck a notice on Kangana’s Bandra office in which she was given 24hours to submit a reply with evidence. In response to the notice, Ranaut charged BMC with trespassing and putting fake claims. In the notice, it was stated that during the inspection there were 14 unsanctioned modifications and additions as opposed to the authorized building plan were found.
On 9th September, after the demolition work started, Kangana rushed to the High Court through her lawyer Rizwan Siddique, opposing the action. The hearing started the same day, in which HC restricted BMC from doing any more demolition work until further notice. On 10 September, BMC justified the demolition done at Kangana’s property. After that on September 15, Kangana revised her plea and asked for Rs. 2 crores for the damage done by BMC.
During the entire judgment, the judges very categorically said that there was malice involved in this case because of the way things were unfolding and also the manner in which the notice was sent. The court also said that even though they do not approve of illegal construction anywhere in the city, the way in which this demolition took place was not right. Kangana can go back and make her property habitable again but she has to keep in mind anything that is out of plan. If in future BMC again decides to demolish the property, 7 days prior notice will be given. So the BMC will have to follow all the procedures before going ahead with any other action, the court clearly stated.