HC stays BMC notice to raze illegal structure in Kapil Sharma’s flat

Mumbai, Oct 17: In a reprieve to standup comedian Kapil Sharma, the Bombay High Court on Monday granted interim stay on a notice issued by BMC in April this year directing razing of an illegal structure allegedly constructed by him at his flat in an 18-storey building in Goregaon.

On April 28 this year, the civic body issued notice to Sharma under section 351 of the Mumbai Municipal Corporation Act, claiming that certain constructions in the 18-storey residential building ‘DLH Enclave’ in Goregaon, in which the actor has a flat, were illegal and hence will have to be razed down.

Sharma had approached the Bombay High Court challenging a notice issued by the BMC directing razing of an illegal structure allegedly constructed by him at his flat in suburban Goregaon.

Sharma, in his petition, claimed that the Brihanmumbai Municipal Corporation (BMC) notice was “bad in law” and issued with “malafide intentions”.

Sharma’s advocate Pradeep Thorat informed a division bench of Justices Ranjit More and Anuja Prabhudessai that earlier the builder, Dev Land Housing Ltd, had also approached the high court against the notice and that the petition has been posted for hearing on November 23.

“Let this petition (Sharma’s) also be tagged along with that petition for hearing on November 23. Till then the notice is stayed,” Justice More directed.

The actor had kicked up a controversy last month by alleging that he had been asked to pay a bribe of Rs. 5 lakh by an official of BMC which, in turn, claimed that the actor had flouted norms not only in his Versova office building but also at his apartment in suburban Goregaon.

“In March and April 2010, the civic body issued commencement certificate to the developer granting permission to construct the 18 floors. On November 6, 2013, the corporation issued Full Occupation Certificate to the building,” Sharma said in his petition.

However, on November 14, 2014, BMC’s assistant engineer from Building and Factory department issued notice to Sharma claiming that he had made some illegal constructions in his flat in the building, and sought his reply.

Sharma, in his reply to the BMC, said no unauthorised construction was carried out at his flat in the building.

The civic body on December 1, 2014, however, replied refusing to accept the actor’s clarification.

Sharma then filed an application in Dindoshi sessions court against the notice. On December 28, 2014, the sessions court granted interim relief and directed the civic body not to initiate any action pending hearing of the application.

“Despite the sessions court order, the corporation issued another notice on April 28 this year directing razing of the building,” Sharma said in his petition.

Apart from Sharma, the BMC had issued notices to several other flat owners, including actor Irrfan Khan, for allegedly carrying out illegal construction in their flats.

Sharma, in his petition, sought the notice to be set aside and direction to be issued to the corporation not to act upon the notice pending hearing of this petition.

The petition is likely to come up for hearing in due course of time before a division bench of Justices Ranjit More and Anuja Prabhudessai.