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High Court stays BMC notice to raze illegal structure in Kapil’s flat

Monday, Oct 17, 2016,17:13 IST By metrovaartha A A A

Mumbai | In a reprieve to stand up 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.

Sharma had approached the HC challenging the April 28 notice issued by the civic body under section 351 of the Mumbai Municipal Corporation Act, claiming that it was “bad in law”, “perverse” and issued with “malafide intentions”.

The corporation in its notice claimed 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’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 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.

Sharma, in his petition, claimed that the building had been granted all requisite permissions by the civic body.

“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, refused to accept the actor’s clarification.

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