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

All these guidelines on photographs, survey etc are from the decision in Thopte judgment, which was not dealing with Section 354A, which was enacted later. These requirements are not contemplated under Section 354A : Chinoy.

Chinoy : Malice in fact requires an extremely heavy burden of proof with pin-pointed facts.

I don't understand how malafides alleged against Mr. Raut affect the actions of BMC taken in exercise of statutory powers.

Chinoy : If she really has a case, let her get into the box and prove it when the work was done.

When the record shows substantial alterations and when she does not come clean on when the work was done, Section 354A will surely apply.

Chinoy : You are still not able to tells us when the work was done. You are being extremely coy on that. If you had told that we would have invoked Section 351(instead of 354A).

Chinoy : It's your(Kangana's) reply and your manner of being coy (with the details of constructions) which may have resulted in the misapplication of the provision.

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.

Chinoy : If she had said she was doing water-proofing, lambing etc, we would have had to give time. But she said no work was going.

Chinoy (BMC's lawyer) on the allegation that the demolition was carried out in haste. He says that the law empowers the corporation to act within 24 hours.

Have only acted as per the time frame of the law, Chinoy says.

Chinoy(BMC's lawyer) : Suppose a room is being built, brickwork is complete, and plastering is going on, can't Section 354A be invoked against the room? To hold otherwise will be to make the section a dead letter.

Chinoy(BMC's lawyer) : Your utterances cannot give immunity to your unlawful works. It cannot be that you carry out unlwaful works, and say that the action was a response to your criticism of the government.