Anushka Mansharamani
Kangana Ranaut moved to the Supreme Court of India and filed a caveat in the illegal construction case at her office. The Bombay High Court earlier had set aside the Brihanmumbai Municipal Corporation (BMC) notice in this case and had called it “nothing but malice in law”.
In the caveat appeal filed by Kangana Ranaut, she explicitly asked the Supreme Court to not take an action or pass any order without hearing her side of the story in case the BMC approaches the Supreme Court of India and challenges the order passed by the Bombay High Court.
On 27th November 2020, the Bombay High Court struck down an order that was issued by the BMC to demolish the unauthorized alterations made by Kangana Ranaut. The bench stated that the order issued, and the action taken were in bad faith and the court, therefore, accepted the compensation claim made by Kangana Ranaut for the damages caused by the order and action taken by the BMC.
The bench further observed that Kangana Ranaut’s claim for damages was justified and citied Municipal Corporation Of Greater v. M/S Sunbeam High Tech Developers[1] case where the court stated that:
“If the Municipal Corporation violates the procedure while demolishing the building but the structure is totally illegal, some compensation can be awarded and, in all cases where such compensation is awarded the same should invariably be recovered from the officers who have acted in violation of law”.
The Bombay High Court further held that it does not approve of unauthorized construction and irresponsible statements that were made by Kangana Ranaut against any authority or government.
-
MANU/SC/1467/2019 ↑