[VERDICT ALERT]

#BombayHighCourt to give verdict on #KanganaRanaut’s plea challenging the demolition of her property by the Brihanmumbai Municipal Corporation.

Bench of Justices SJ Kathawalla and RI Chagla will pronounce order at 11 am today.

@KanganaTeam
@mybmc
The Court had reserved their judgment in this matter on October 5.

barandbench.com/news/litigatio…
Bench has assembled.
Court’s verdict reads:

We have set out the photographs and compared the works. We have concluded that it is existing work.

Clarification: this does not comprise of unauthorised construction.

@KanganaTeam
@mybmc
@rautsanjay61
The petitioner should show restraint in airing her opinions on the government.

@KanganaTeam
@mybmc
@rautsanjay61
Court verdict:

We have talked of malafides, inspection reports, demolition notice.

Conclusion: from the analysis, the tweets of the petitioner on Sanjay Raut and his reaction on that, including video clip, following the visit of BMC officials on her property, reports..
.. contd.

The notice issued by BMC officer, and pasting of that on her bungalow, the reply to the notice, order of demolition of property, arrangements made to demolition, commencement of demolition, attempt to delay hearing, ensuring 40% demolition, demolition of the bungalow..
.. contd

Raut’s statement that bungalow ukhaad Diya.. supports petitioner’s case that the demolition was in reaction to that.
Court verdict:

The attempt made by respondents to deny allegations of petitioners. We would however refrain from giving verdict on malice. It will not be possible for civil court to decide. Trial required.
..contd

Even if one assumes that the malice does not amount to personal bias and may call for a trial, it does amount to legal malice.

Manner in which action was carried out leaves no doubt that not using S.354 was more sinister and preventing her from taking a recourse.
..contd

MCGM has proceeded on wrongful grounds, against rights of the citizens, it is nothing but malice in law.

Writ petition maintainable.
Court: We can order compensation against the respondents against the loss caused to the petitioners.

Valuer is appointed for valuation. We reserve our order on the compensation after the report is given.

The notice of demolition if quashed and set aside.
Petitioner is allowed to take steps to make it habitable. But that would be in compliance with the approved plan.

If application made to BMC for approval, it will decide within 4 weeks.
Petitioner can make application for regularisation. No further steps can be taken by BMC against such regularisation till application disposed off.

M/s shetgiri appointed as valuers. Charges to be borne by the petitioners.

In case of any issues, the petitioner can come to court
#BombayHighCourt quashes the demolition notice in plea filed by Kangana Ranaut.

Appoints valuers for evaluating the damage caused by such demolition.

Gives out clarification for regularisation if any required.

@KanganaTeam
@rautsanjay61
@mybmc

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