HC stays BMC demolition notice till November 23 in Kapil Sharma’s case
Interim relief for comedian Kapil Sharma
HC stays BMC demolition notice till November 23 in Kapil Sharma’s case:- The Bombay High Court has granted interim relief to the comedian Kapil Sharma, on Monday in a case pertaining to the alleged illegal alterations in his Goregaon flat by staying the Brihanmumbai Municipal Corporation’s (BMC) demolition notice till the date November 23.
Sharma had approached the High Court challenging this notice, which was issued by the BMC. A bench of Justices Ranjit More and Anuja Prabhudessai has restrained notice by the BMC from taking any adverse steps against the property until any further orders.
The bench will now be taking up Sharma’s plea for further hearing on November 23, along with another petition, which has sought a similar relief that has been filed by Dev Land and Housing Ltd, the developer of the 18-storeyed residential building in Goregaon where Kapil Sharma lives.
While the developer had moved to court earlier this month, Sharma has mentioned his plea in the court on Monday through his counsel Pradeep Thorat.
Kapil Sharma’s side of story
In his plea, Sharma has claimed that the corporation’s notice was “bad in law,” “vague,” and that it was issued with a “malafide intentions,” and also sought that the notice be set aside. Further, directions are issued to the corporation to not act upon the notice which is pending hearing of his plea in HC.
In the month of September, Sharma had tweeted in which he alleged that some BMC officials had demanded Rs five lakh from him as bribe for the construction certifications in his office in a row house in Versova. The BMC had then claimed that Sharma had flouted norms in his Goregaon property.
On April 28 this year, BMC had issued a notice to Kapil for the Goregaon property. The corporation had served notices to Sharma, actor Irrfan Khan, the developer and also 15 other residents of the Goregaon building for the illegal constructions and other violations under the Mumbai Municipal Corporation Act.
Notably, Sharma’s petition states that he had booked his flat on the ninth floor of the 18-storey building in the year 2010.
“The civic body issued a revised commencement certificate granting the permission to construct the building in 2010. On November 6, 2013 the corporation issued a Full Occupation Certificate. However, on November 14, 2014 an assistant engineer from the BMC’s Building and Factory department issued a notice claiming a part of the building was illegal,” the petition states.
The developer had sent a reply to the corporation denying the charge. On December 1, 2014, the corporation has rejected Sharma’s reply.
An application was also submitted in the Dindoshi sessions court against the notice. On December 15, 2014 the sessions court granted interim relief and directed the civic body to not initiate any action pending hearing of the application.