The Bombay High Court Division Bench comprising of Justice SJ Kathawalla and Justice R I Chagla ordered the Municipal Corporation of Greater Mumbai (MCGM) to stop the demolition work being carried out at actress Kangana Ranaut's house, Bandra for alleging illegal construction.
The Associate of the court Rizwan Siddique filed a writ petition on behalf of the petitioner, stating that with certain influential people operating in the Administration and the Government, petitioner received a notice dated September 7, under Section 354A of the Mumbai Municipal Corporation Act, 1888 (‘the Act’) from the Executive Engineer, of westward MCGM claiming that petitioner has unlawfully commenced, undertaken erection of building work.
The said notice calls upon the petitioner to produce the documentary evidence within 24 hours proving the authorisation of the unauthorised work being carried out. If the petitioner fails to produce would lead to the demolition of the said construction.
Since the Corporation has filed a caveat in the Court, under Section 148-A of the Code of Civil Procedure, recording therein that the Petitioner may file a Writ Petition before the Court challenging the notice issued by the MCGM.
Because of the urgency, the Advocate for the Petitioner was asked by the court to give notice to the MCGM to stop the demolition work.
Rizwan Siddique, the advocate for the petitioner mentioned that he was at the spot of demolition work and served the notice to stop the work and also reminded that the matter was before the court.
The advocate for the petitioner stated that the notice had been served to the petitioner when she was out of Mumbai and informed to the court that the petitioner would arrive soon.
The court called for video conferencing and the first ten minutes none appeared for MCGM, later the Advocate for MCGM appeared and said that they do not have any copy of Writ Petition but the Advocate for the petitioner informed to the court that he served the copy of Writ petition.
The court orally instructed to the Advocate for MCGM to forthwith inform the Municipal Commissioner that the Court has directed the MCGM to forthwith stop the demolition work, in the light of hearing pending before the Court.
The court said the conduct of MCGM is unacceptable and ordered Senior Advocate Shri Sakhare to bring online the Assistant Municipal Commissioner as well as the Executive Engineer (B&F) of MCGM to answer the questions raised by the Court.
Upon considering the matter the court stated that “We cannot help but mention here that if the MCGM would act with similar swiftness qua the numerous unauthorised constructions in this City, the City would be a completely different place to live in”.
In these circumstances the court passed the order, allowing the petitioner to carry out necessary amendments to the petition and directed the MCGM to file the affidavit in reply by the next hearing.
Mentioning that, the court listed the matter for September 10 at 3:00 pm.