[LIVE-UPDATES] Hearing On Kangana Ranaut's Plea Against Demolition of Her Office Building

Saraf refers to Sub Vijay International Pvt ltd. vs. Commissioner, MCGM (2006). He says in that case the HC held that compensation should be awarded to the order if the Corporation has violated procedure in demolition, even if the construction was unauthorized.

The Court said that 15 days notice should be given for demolition, submits Saraf, referring to 'Sopan Maruti Thopte' decision of the HC.

The SC has approved the above decision in the 2019 judgment "Municipal Corporation Of Greater Mumbai. vs M/S Sunbeam High Tech Developers" : Dr. Saraf, Kangana's lawyer.

Dr. Saraf refers to the 1996 decision of Bombay HC in

Sopan Maruti Thopte vs Pune Municipal Corporation". SC called this decision a "locus classicus" on the subject, he adds. This decision contemplates personal hearing before demolition, he submits.

All of these (opportunities) have been denied because the authorities invoked a provision which was ex-facie not applicable : Saraf, Kangana's lawyer.

Parties also have the option to go for regularization. These opportunities were denied to Kangana as the authorities did not act according to the provisions : Saraf.

Kangana's lawyer Saraf makes two points :

1. There was no construction going on. The notice was not issued on the basis of any finding that any work was in progress.

2. Assuming work was being done, under Section 354A of the BMC Act, the authorities have to first issue notice giving an opportunity to the person to produce the permit. Straightaway demolition not contemplated.

The notice and the order are not in consonance with Section 354A of the BMC Act : Saraf for Kangana.

Saraf submits that there are cases where the civic body has permitted to retain the entirety of floors after regularization

Saraf submits that there are provisions for regularizations in the Maharashtra Regional Town Planning Act and the demolition notice ought to be kept pending while the regularization application is pending. Similar provisions are there in the BMC Act, he submits.