In a relief to popular stand-up comedian Kapil Sharma and actor Irfan Khan, the Bombay High Court on Thursday ordered “status quo” on the notices issued to them by Brihanmumbai Municipal Corporation on the demolition of unauthorised structures allegedly constructed by them in there Goregaon flats and sought an affidavit from the civic body.
In effect, a HC division Bench headed by Justice NH Patil restrained the BMC from demolishing the illegal structures allegedly constructed by Sharma and Khan in an 18 —storey residential building ‘DlH Enclave’ at Goregaon in north Mumbai where the two actors have flats.
The “status quo” involving the restraint on the BMC to pull down alleged illegal structures in the flats of Sharma and Khan, will remain in force till December 8, when the High Court has asked the civic body and developers — Dev land and Housing Private ltd — to file their say in the matter.
The HC Bench passed “status quo” order while hearing petitions of Sharma and Khan challenging the notice issued against them for razing of the unauthorised structures allegedly constructed by them at their flats at ‘DlH Enclave’
Apart from Sharma and Khan, another resident and the developer of the building Dev land and Housing Private ltd have also petitioned the High Court.
In its notice served on Sharma and Khan under section 351 of the Brihanmumbai Municipal Corporation Act, the BMC had stated that certain constructions in their flats were “illegal” and needed to be razed.
On his part, Sharma had claimed in his petition that the notice issued to him by the BMC notice was “bad in law” and issued with “mala fide intentions“.
It may be recalled that Sharma had stirred up the hornet’s nest through his two controversial tweets to the Prime Minister that read: “Yeh hain aapke achhe din IJ @narendramodi”…. I am paying 15 cr income tax from last 5 year n still i have to pay 5 lacs bribe to BMC office for making my office @narendramodi”.
Apart from acting against Sharma for alleged violations carried out at his flat, the BMC is also looking to major structural alterations made by actor Irfan Khan and others who own flats in a building developed by M/s Dev land and Housing Private limited.
Sharma, Irfan and three other individual flat owners were served notices by the BMC for alleged violation of building norms. The developer, who continues to possess 10 flats in the building, hads also been issued a notice. Incidentally, this building was issued an Occupation Certificate (OC) by the BMC in 2013.
In his petition challenging the demolition notice served on him by the BMC, Sharma stated: “In March and April 2010, the BMC issued commencement certificate to thedeveloper 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 and seeking his reply.
In his reply to the BMC notice, Sharma denied that he undertook any unauthorised construction in his flat.
However on December 1, 2014 , the BMC wrote back to Sharma saying that it had refused to accept Sharma’s clarification.
