Kangana Ranaut. Image source: Yogen Shah
State human rights commission was hearing a petition that said the act was a violation of the actor's human rights, asks Iqbal Singh Chahal to appear on January 20
MID-DAY (December 24, 2020)

The Maharashtra State Human Rights Commission has asked BMC chief Iqbal Singh Chahal to appear before it on January 20, 2021 during a hearing of a petition filed against the demolition of parts of actor Kangana Ranaut's Bandra bungalow by the civic body. The petition was moved before the commission two days ago claiming that the BMC's act of razing portions of the actor's bungalow was a violation of her human rights.

The BMC had justified the demolition in upscale Pali Hill on the grounds that the actor had carried out illegal work at the bungalow. It was carried out on September 9.

Petitioner Aditya Mishra has relied on an order of the Bombay High Court which has termed the BMC's drive a "malice in law". He also cited a Supreme Court ruling that declared the right to private property to be a human right. If any act by the state or its agencies pertaining to someone's private property is found to be illegal, then it is a violation of human rights, said the petitioner, citing the apex court order.

"When the act of BMC is found to be illegal by the Bombay High Court, then it's a crystal clear case of violation of human rights, which warrants the intervention of the commission," he said. The rights panel on Wednesday accepted the petition and issued summons to BMC chief Iqbal Chahal.

Last month, the HC, in its order on Ranaut's petition challenging the BMC's action, had said it was a "mala fide act" done to cause substantial loss to the actress. The HC had also said it did not approve of authorities using "muscle power" against any citizen. "The civic body proceeded to act and illegally against the rights of a citizen," the HC had said.
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But Actor Gets 6 Wks’ Reprieve To Approach HC
Swati Deshpande (THE TIMES OF INDIA; December 24, 2020)

Mumbai: In a relief to the BMC, a city civil court in Dindoshi on Tuesday dismissed an application for interim protection filed last year by actor Kangana Ranaut against a civic notice over alleged “grave violations of sanctioned plans” by merging three flats into one in the 16-storey D B Breeze building in Khar.

City civil judge I S Chavan, however, on a plea from Ranaut’s lawyer Cathrine Fernandes and Rizwan Siddiquee gave her six weeks to challenge the dismissal order before the Bombay high court.

The building, located opposite Khar Gymkhana, has been under BMC scanner for alleged unauthorised constructions and violations of building plan since March 2018. In January 2019, the court had issued a status quo order on applications filed by Ranaut and the society, RKW Construction Facility Management Pvt Ltd, against the civic notices. The BMC had sought action against the actor for allegedly “covering sunk areas, ducts, common passages as per her own convenience, thereby causing threat to other members of the society”.

The court, on Tuesday, passed a similar dismissal order in a separate application filed by RKW Construction Facility Management, but also stayed it for six weeks on a plea by its lawyer Rohit Shetty who said he wanted to approach the HC.

BMC counsel, Dharmesh Vyas, said the alleged illegal modifications included ‘chhajas’ that were being used as balconies taken inside the flat, so were ‘sunk service slab’, and bathroom ducts were covered.

Ranaut had first approached the Dindoshi court in May 2018 against the notice. In October 2018, the court directed BMC to pass fresh orders after considering the actor’s reply. Two months later, the BMC filed another notice and she moved court again in January 2019.

In October 2019, she said that while the building plans were passed under the Development Control Regulations 1991, with the new DCR 2034 passed on September 2018, she was informed that “no application for regularisation or for any other purpose that may find a place in the new DCR should be entertained till October 24, 2018…as there are some final nitty gritties to be ironed out”.

The BMC affidavit submitted by H-West ward designated officer S C Khokale in September 2020 said the actor had carried out “major violations in the sanctioned plan” and BMC had “proceeded as per law”. He denied that it was a “fit case” for interim relief to be granted to Ranaut and added that she should be put to “strict proof ” to show how and what damage she would sustain. The BMC also questioned the jurisdiction of the court in entertaining her suit, barred under the Maharashtra Regional and Town Planning Act.

Last month, the HC had set aside a September 9 demolition order against alleged violations in Ranaut’s Bandra bungalow. That demolition was “actuated by mala fides”, the HC had said.

BMC officials raze a portion of Kangana Ranaut's bungalow at Pali Hill on September 9