Illegalities in Khar property: Kangana to withdraw case against BMC
Mumbai, February 10, 2021
In a surprise development, Bollywood actress Kangana Ranaut has decided to unconditionally withdraw her suit against the BrihanMumbai Municipal Corporation over a 2018 demolition notice pertaining to certain illegalities effected in her properties in a Khar building.
"She has decided to withdraw the suit in the next four days and has informed the Bombay High Court accordingly," her lawyer Rizwan Siddique told IANS on Wednesday.
He said this case was related to her property in Orchid Breeze building in Khar in which the BMC had served a demolition notice in 2018 for certain unauthorised constructions.
Instead of pursuing the suit in the high court, Ranaut will apply for regularisation of the structure as per the BMC rules within four weeks.
The BMC on its part will expeditiously take a decision on her application for regularisation as per the court orders.
However, in case the BMC order goes against her, then the actress would get two weeks' time to approach the court again, despite strong opposition by BMC counsel Aspi Chinoy.
To a query by Justice P. K. Chavan to Ranaut's lawyer Birendra Saraf whether the withdrawal was conditional or not, he said it was unconditional.
In 2018, the BMC served a demolition notice to Ranaut for various unauthorised constructions in the premises, which involved merging three apartments on the 5th floor, constructing more than permissible limits, and availing 50 per cent area of the uninhabited floor space.
Ranaut, along with the realtor RKW Construction had approached the Dindoshi Sessions Court against the BMC seeking a stay on the execution of the notice.
However, after the Sessions Court rejected her plea in December 2020, Ranaut approached the High Court seeking a stay on the BMC notice for demolishing the illegal portions in her property.
The Sessions Court ruled that Ranaut had indulged in grave violations of the sanctions plans, converting three units into a single one, covered the sunk, duct and common passage areas as per her own convenience and availed free FSI.
Terming these as serious, the lower court had ruled that these violations of the sanctioned plans required the permission of the Competent Authority (BMC), and hence rejected her plea for relief.