Bombay HC to hear today at 3 PM actor Kangana Ranaut's petition against the demolition of her building by the Mumbai civic body.

Follow this thread for live updates from the hearing.

A bench comprising JJ Kathawalla & R I Chagla to hear the matter.
#KanganaRanaut
#BombayHC

Yesterday, the bench had expressed that it wants to hear the matter expeditiously. "We cannot leave the partly demolished house the way it is", the bench had observed.

Full story may be read here: https://www.livelaw.in/news-updates/cant-leave-the-demolished-property-as-it-isbombay-hc-after-bmc-officers-counsel-seeks-time-to-file-reply-163450

Matter taken.

Sr Adv Aspi Chinoy for the BMC says that in view of the allegations and counter-allegations in the matter on facts, the matter be not considered as a writ petition.

The bench says it will consider the submissin.

@KanganaTeam @mybmc

Adv Birendra Saraf, for Kangana, says BMC action is mala-fide as she had "differences with people in power and ideological differences". The timing of the action clearly shows that there is "malice in fact" & "malice in law" on the part of the authorities.
#KanganaRanuat

The building was purchased in 2017. In 2018, she made an application for structural repair of the building as it was 42 years old : Birendra Saraf for Kangana @KanganaTeam
@mybmc

On 30 Oct 2018, the BMC replied that approval was required for structural repairs and she was directed to carry out the work in accordance with the structural audit report : Birendra Saraf for Kangana @KanganaTeam
@mybmc

In May 2019, Kangana sent a letter to the BMC enclosing the letter of the consultant certifying the building fit for inhabitation after structural repairs : Birendra Saraf for Kangana @KanganaTeam
@mybmc

She was later granted permission for renovation works. At every stage, she proceeded with necessary permissions, after consultations with experts : Birendra Saraf for Kangana @KanganaTeam
@mybmc

Renovation was completed in January 2020. A 'Puja ceremony' was held after renovation, which received wide media publicity. The bungalow was featured in an architecture magazine in April 2020 : Birendra Saraf for Kangana @KanganaTeam
@mybmc

The petitioner is at logger heads with Maharashtra Government over some issuees. She has displeased a party in power with her open views. She had to face life threats and had to seek special protection : Birendra Saraf for Kangana @KanganaTeam
@mybmc

Sanjay Raut @rautsanjay61 has made derogatory statements against Kangana Ranaut @KanganaTeam in TV channels. He said that Kangana needs to be taught a lesson : Birendra Saraf for Kangana
@mybmc

On the same day when Raut made remarks, an officer (a mukadam) from the BMC visited and entered the property without prior notice. The timing of the visit assumes relevance : Birendra Saraf for Kangana @KanganaTeam
@mybmc

On Sep 7, officials from MCGM visited the property around noon. They made some measurements and handwritten notes and roughed up the security guards and the workers at the bungalow : Birendra Saraf for Kangana @KanganaTeam
@mybmc

On 8 Sep, a notice was issued by the MCGM. The officials have taken different stands in the previous notes and the notice. They contradict those stands in the affidavits filed in the court, in which they have tried to improve the case : Saraf for Kangana @KanganaTeam
@mybmc

The photographs of MCGM show that there is no work ongoing in the building as alleged. Kangana had replied to the notice stating that no work is going on at all. : Saraf for Kangana @KanganaTeam
@mybmc

On September 9, the demolition order is passed, which is given to Kangana on the 10th of Sep. Even before the notice was pasted, the MCGM was ready there with the entire machinery : Saraf for Kangana @KanganaTeam
@mybmc

Justice Kathawalla asks Saraf if an email was not sent to his client and asks about the time.

"10.19 (AM)" : Saraf replies.

@KanganaTeam
@mybmc

The Corporation says in the rejoinder that a detection report was made on Sep 5 taking note of the alleged violations. But the detection report has not been annexed to the rejoinder : Saraf for Kangana @KanganaTeam
#BombayHighCourt

Justice Kathawalla asks : If the report does not show any violation in the ground floor, how was the ground floor demolished?

Kangana's lawyer Saraf says that exactly is the point.

@KanganaTeam
@mybmc
#BombayHC

The report even says that the structure is unoccupied: Saraf for Kangana.
@KanganaTeam
@mybmc
#BombayHC

The first inspection report says that construction, alteration work was in progress in violation of the rules: Saraf submits.

Justice Kathawalla notes that this statement in the report contradicts the handwritten note first prepared by MCGM.
@KanganaTeam
@mybmc
#BombayHC

There was no ongoing work on the ground floor. Even according to them just the entry was changed then how was the ground floor demolished?, asks Justice Kathawalla as Kangana's Adv Saraf reads from BMCs inspection report prepared from the demolished site.
@KanganaTeam
@mybmc

Justice Kathawalla asks if BMC has demolished any portion which was existing as of January 2020.

"We want your assistance on that", bench tells Kangana's lawyer Saraf. He says by Monday he will respond to that after taking instructions from his client.

@KanganaTeam
@mybmc

Saraf reads out from the inspection report & says that unauthorized toilets, kitchens etc were under construction.

"How does the person who made the report know that these are the structures if they are not existing? The first handwritten note has no mention of such structures"

'When the statute confers drastic powers, it requires great responsibility also': Kangana's lawyer Saraf submits.

@mybmc
#KanganaRanuat

BMC has not prepared any panchnama recording that any equipment or tools for work were found on the property : Saraf for Kangana Ranaut.

@KanganaTeam
@mybmc

Saraf reads out from the BMC affidavit filed in the Court.

There is no consistency in the stands taken by the BMC. No photographs of the demolition are annexed, he submits on behalf of Kangana @KanganaTeam

They are just trying to improve their case at every stage : Saraf submits on behalf of Kangana Ranaut @KanganaTeam

The preparation of a sketch is mandatory(before demolition). BMC @mybmc accepts that too in their affidavit. But all that they have annexed to the notice is one person standing on a ladder and nothing beyond that : Saraf for Kangana Ranaut @KanganaTeam

#BombayHC