Can't leave office to remain in partly demolished state: Bombay HC on Kangana’s plea

The Bombay High Court on Thursday said it “cannot leave Kangana Ranaut’s Bandra office to remain in a partly demolished state during monsoons” and it will begin hearing the actor’s petition against BMC from tomorrow.

The court granted time to Shiv Sena chief spokesperson Sanjay Raut and the BMC’s designated officer to file responses before they present their arguments.

On September 9, the high court had stayed the demolition of alleged unauthorised structures at Ranaut’s Pali Hill office, hours after the BMC had started the exercise.

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Bombay Court:

The court’s order restraining BMC from undertaking further demolition work at the property will continue until further orders.

On Tuesday, the court allowed Kangana Ranaut to make Sena MP Raut and BMC’s designated officer of H West ward as parties to the case.

On Thursday, a division bench of Justice S J Kathawalla and Justice R I Chagla was told by advocate Pradeep Thorat that he was appearing for Raut. And sought time to file a response as he had received the petition this morning. Thorat submitted that Raut was was unable to give instructions as he is Delhi for Parliament session.

Senior Counsel Anil Sakhare for BMC also sought time for Bhagyavant Late, the designated officer from H-West ward, to file response to the plea.

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After hearing the submissions, the court observed that as part of the bungalow was demolished. Also, with the advent of rains in the city, the plea cannot be delayed further.

Cannot leave property to be left in a demolished state:

“We cannot leave property to be left in a demolished state and the way it is. In view of the condition of the bungalow, which is partly demolished and monsoon, we cannot allow the matter to be heard later,” the bench noted.

Responding to the request made by BMC lawyer for further hearing on Monday, September 28. Justice Kathawalla said, “You need more time. Otherwise you are very fast.”

The court then allowed Thorat to file a response on behalf of Raut during the course of hearings. “By the time your time comes, you can file your response,” the court said. The bench also directed Sakhare to file BMC officer’s response before the turn of arguments.

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Petition:

The court also told Ranaut’s advocate Rizwan Siddiquee and senior counsel Birendra Saraf that they had wrongly numbered the respondents in the petition. After Saraf apologised for the same, he submitted that correction would be made. And the amended plea will be served to the respondents.

The respondents include BMC, the executive engineer who issued demolition notice. Also, the state government and newly added respondents Raut and BMC designated officer Bhagyavant Late.

The court said that it will start hearing the plea from September 25 at 3 pm.

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