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The Bombay High Court on Friday dismissed the notice issued by the Brihanmumbai Municipal Corporation (BMC) to demolish the bungalow of the Hindi film actor Kangana Ranuat, which delivered her a huge relief.
The High Court concluded that the order by BMC was “committed with a bad motive and is illegal”.
The High Court in its 166 page judgement observed, “This Court has come to a conclusion that the order in question under section 354A of the Act and the act of demolition are done in a mala fide manner and is violation of law causing a substantial injury to the Petitioner.”
The Court criticised the actions of Mumbai civic body, “The actions of the State and its agencies are illegal and colourable against the citizen, and are so serious and has damaged the view of the society. Whatever is the fault of an individual, whether it is unauthorized construction or irresponsible statements made in public which hurt the sentiments of an individual or public at large, but such an action against the individual that too by a State cannot be expected in the eyes of law.”
The Court has appointed a surveyor to analyse the damages caused to the bungalow and to submit a report before March 2021 in order to determine the compensation to be paid to Miss Ranaut.
In the judgement, the Court observed that it totally disagree with the statements made by Kangana in public and warned her to be aware of what she says in public platforms. But the Court also said that the State cannot take such mala fide steps against a citizen for any irresponsible statements which must be ignored for the better.
The Court has permitted Kangana Ranaut to take necessary steps which are needed to make the bungalow for habituating purposes. If there is a need for re-construction she has to take proper permission.
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