Petitioner Has Not Even Denied Brazenly Making Illegal Alterations & Additions Against The Sanctioned Plan; BMC Alleges Kangana Ranaut Trying To Mislead With Allegations [Read Affidavit]

The actor had alleged in an affidavit that the Municipal Corporation's action of demolition was an act of vendetta against her as those in power in the state as well as the MCGM "are displeased and angered by the causes taken up by her." She has sought Rs.2 crore in damages for the damage caused due to the demolition carried out on September 10.

The affidavit-in-reply filed through Advocate Joel Carlos states-

"The record establishes that the Petitioner has unlawfully made substantial alterations and additions to the property, contrary to the sanctioned Building Plan. Details of these unlawful alterations and additions were listed at (a) to (k) of the Notice issued to the Petitioner under Section 354A and included construction of new toilets (including in open chowk area and in parking area), conversion of existing toilets into cabins/rooms, construction of pantry, kitchen, cabins etc. The sanctioned Building Plan, establishes beyond doubt that the aforesaid unlawful work has been carried out."

Moreover, it is asserted that in the reply filed by her advocate dated September 8, 2020 and in the unamended writ petition, the petitioner had not disputed carving out the said unlawful alterations and additions.

The Corporation's reply also states-

"I submit that the Petitioners diverse allegations are only an attempt to obfuscate the material fact that the Petitioner has carried out substantial additions and alterations to/in the premises , contrary to the sanctioned plan. I submit that in view of this undisputed position, the Petition should not be entertained and should be dismissed with costs."

Refuting Kangana's statement that she was residing in the said property, which was demolished, the affidavit in reply states-

"The Petitioner has falsely stated that the Petitioner is residing at Bungalow No. 5, Chetak Row House No. 41, Nargis Dutt Road, Pali Hill, Bandra West, Mumbai-400050. However, the letters annexed at Exhibit A-4 and A-5 to the petition record the residential address of the Petitioner as DB Breeze,5'h Floor, opp. Khar Gymkhana, 16'h road, Khar (W), Mumbai 52. The petitioner, at ground E of the petition has also admitted that the "said bungalow was used by the Petitioner as place of work." and has on that basis claimed that the demolition allegedly violated Article t9(1)(g)."

Furthermore, the Corporation has denied Kangana's claim that no renovation work was going on in her premises when officials of MCGM visited on September 7-

"I say that the said allegation is belied by the fact that on 7th sept six workmen were found to be present (along with materials etc) and finishing and renovation work was going on in the entire premises."

Denying that the MCGM have carried out illegal demolition of 40% of the property and/or that they have destroyed any of the articles as belatedly & falsely alleged by the petitioner, the Corporation's affidavit states-

"I reiterate that the Respondents have only partially demolished the unlawful additions and alterations which have been made contrary to the approved plan and which had been specifically listed in the Notice dt 7th Sept. The allegation of destruction of the articles listed is false and has been belatedly made only as a counterblast."

The MCGM's officer reiterated-

"Baseless allegations of malafides and harassment are being made, only to obfuscate and attempt to cover up the undisputed fact that the Petitioner has been unlawfully carrying out extensive additions and alterations to the property contrary to the approved plan."

Finally, denying the allegation of premeditation and malice, MCGM called them false and baseless and said-

"I reiterate that the Petition in fact constitutes an abuse of process inasmuch as that the Petitioner who has undisputedly carried out extensive illegal unlawful additions and alterations, contrary to the sanctioned Building Plan , should not be permitted to seek relief by approaching this Hon'ble Court by a writ petition under Art 226.

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