[LIVE-UPDATES] Bombay HC Hearing On Kangana Ranaut's Plea Against Demolition Of Her Office Building By BMC
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Bench now lists the matter on October 5, Monday for filing written submissions.
Senior Advocate Aspi Chinoy (for MCGM) interjects.
Says that the Sunbeam does not deal with 354A, only with judicial orders added by Thopte judgment. (Ref: The lawyers are referring to section 354A of the Mumbai Municipal Corporation Act.)
Saraf draws Court's attention to its Sunbeam judgment on the issue of prior notice of 7 days which needs to be given. He adds Section 354a is the only provision which BMC invokes for ongoing construction.
"Kangana Ranaut has been wronged as I have already said no ongoing work was there."
Saraf (appearing for Kangana Ranaut) urges the Court to take note of the following, says BMC has not given answers on why there was no detection report and why the officer took no photos.
They also need to answer on discrepancies of documents.
Now, Senior Advocate Birendra Saraf for Kangana Ranaut tells Court that the work was completed on the property in January by Orange LLP.
Saraf: They have said I have converted a toilet into a room/study, what is wrong in that your lordship? I can get it regularised later if required!
Justice Kathawalla to Raut's Lawyer: We also don't agree with what the petitioner has said. But is this the way to address? You are a leader. We are proud of being Maharashtrians, but is this the way to react?
Justice Kathawalla continues: You have to show grace. You cannot use such language. We are all Maharashtrians, and proud to be Maharashtrians but we have to show grace. This is not the way.
Raut's counsel: The language used could have been avoided
Sanjay Raut's Advocate says that there was no "threatening message". He only said that the petitioner is very dishonest and that media is supporting such dishonesty...
Justice Kathawalla: What is "Kanoon kya hein?" ("What is law")
Rauts Advocate: Kanoon kya hai was made after Kangana Ranaut said that "Maharashtra is not safe".
Sakhare: It was an ongoing Construction.
Justice Kathawalla: All this work was going on and no one saw it? A huge superstructure comes up and all your officers turned a blind eye to it till the incident of demolition on September 5th & 7th?
Justice Kathawalla: What was going on before Sept 5?
Sakhare: We found construction material, gunny bags etc.
Justice Kathawalla: We have to be very gullible to accept all this.
Bench: We have a simple question, Mr. Sakhare.
What was this designated officer doing before they rushed? What were they doing when the entire work came up and what was it exactly that made you go only at that particular time?