Showing posts with label Vinod Sampat. Show all posts
Showing posts with label Vinod Sampat. Show all posts
BMC may have to rebuild Kangana Ranaut's office if move backfires
8:42 AM
If the actor can prove in court that the structure was legal and authorised by civic body, she will be entitled to damages
Vinod Kumar Menon (MID-DAY; September 10, 2020)
The BMC may have to redo the demolished parts of actress Kangana Ranaut's Pali Hill office if she establishes that the construction was authorised, say legal experts. Experts added that the high court's stay on demolition of buildings until September 30 is not applicable to Kangana's office.Senior criminal lawyer Dinesh Tiwari said, "If the demolition is found illegal, the BMC will have to reconstruct the structure and pay damages. The BMC's act is of political vendetta, the possibility of heads rolling under public pressure cannot be ruled."
Senior property lawyer Vinod Sampat echoed similar concerns. "BMC should adopt a uniform policy. There are times when notices are issued and for years together, they sleep on them. One fails to understand the hurry shown in this case. This act appears to have been done due to political pressure," Sampat said.
On The HC Stay
Sampat also clarified, "The argument that the demolition could not have been carried out due to a Bombay High Court order staying demolition till September 30, does not hold because the order is applicable only to those cases which have a stay issued earlier. Ranaut's property is neither C1 nor dilapidated. She did not get an order from court before BMC issued the notice. Hence, the ward office's action can be held as justified."
"The BMC has power to take action against unauthorised constructions after a notice is issued. They can enter a premises forcibly to take action as per the due process of law. Also, the presence of the owner is immaterial as, under the BMC Act, owners are occupiers of the premises and their representatives present are caretakers, to whom the notice is binding," he said.
Modifications Get Regularised
Advocate Godfrey Pimenta of the Watchdog Foundation said, "The BMC usually does its homework in such matters. However, not giving sufficient time to the party concerned to present his/her side is unheard of, unless there's some influence."
Also, alleged 'illegal' modifications are usually regularised at the Building Proposal Department by paying requisite charges. "If the architect does not make a submission in this regard, which is the case here, it is sufficient reason for BMC to take such uncalled abrupt action," Pimenta said.
He added that the haphazard act of the H West ward cannot be selective. He gave the instance of Behrampada, Bandra East where slums have grown vertically to fourth- and fifth-floor levels, where fires have also occurred but action is not taken as it impacts vote banks.
It has also been alleged that the demolition team damaged parts which were not illegal, furniture and fixtures for which the actor's lawyer is expected to file a criminal and civil case.
At Bombay HC
A writ petition was filed in high court before the division bench of Justices S J Kathawalla and R I Chagla by Ranaut's lawyer, Rizwan Siddiquee. The BMC was represented by senior lawyer A Y Sakhare. The court observed that the sketch in the notice is unclear and the unauthorised work cannot be seen.
The court observed that Section 354A of the BMC Act (invoked in the September 7 notice), sets out the 'power of Commissioner to stop erection of building or work commenced or carried on unlawfully.' The court observed that from the works set out in the notice, it is clear that the unauthorised works have not come up overnight.
"However, all of a sudden, the Corporation appears to have overnight woken up from its slumber, issued notice to the petitioner, that too when she is out of the State, directing her to respond within 24 hours, and not granting her any further time, despite written request, and proceeding to demolish the said premises upon completion of 24 hours," the court observed.
It further observed that the manner in which the BMC acted, prima facie smacks of malafide. It asked the BMC to respond by 3 pm on Thursday.
"We cannot help but mention here that if the MCGM would act with similar swiftness qua the numerous unauthorised constructions in this city, the city would be a completely different place to live in," the high court concluded.
Lokhandwala society's extreme measure: Pooja Misrra barred from entering family house
7:38 AM
Former Bigg Boss contestant had become a nuisance, claims society; Pooja Misrra rejects allegation, claims she is being targetted; Legal experts question Windsor Tower's action sans court consent
Nazia Sayed and Sunil Baghel (MUMBAI MIRROR; January 11, 2016)
Actor and VJ Pooja Misrra
has been unable to stay in her family apartment in Lokhandwala's Windsor
Tower after society members termed her a nuisance and banned her from
the premises. Legal experts say while residential societies have
certain powers, they have no right to stop someone from living in their
own house at
least not without a court order.
Windsor Tower's managing committee took a written statement from Pooja Misrra's family a year ago that she would not stay in flat number 401. A committee member claimed the former Bigg Boss contestant's “unacceptable behaviour“ prompted the action: she allegedly fought with neighbours for no apparent reason and made wild accusations that some residents were using black magic to sabotage her career. Pooja Misrra, currently in Hong Kong for a shoot, rejected the claims and said she had been “tortured and harassed“ by certain residents. She said she would drag the Lokhandwala society to court for “banning me from my own house“.
“My family bought this house, but I cannot enter it. They [society members] made my family submit in writing that I won't be given access to the flat. Which society does that?“ she said. “I am a lawyer and I don't need anyone else to defend me. I am taking this matter to the court.“ Apartment 401 is owned by her Singapore-based sister, Priya. Their parents live in Pune, and Pooja Misrra has been staying in Delhi for the past few months.
She was a contestant on Bigg Boss season 5, which ran from Oct 2011 to Jan 2012, a tumultuous stint that later led to a public clash with actor Pooja Bedi, who also featured in the show. She accused Bedi and other celebrities of spreading false rumours to harass her and damage her career.
In 2012, Bedi filed a defamation complaint against Pooja Misrra, and the case is far from over. A month ago, a court issued summons to Pooja Misrra, but the order could not be served as the Lokhandwala society told the police that she was not a resident anymore. “She has not replied to any summons issued to her. When the police went to the Lokhandwala building, they were told that she had been banned there,“ said Bedi's lawyer, Rizwan Siddiqui.
When this reporter enquired about Pooja Misrra at Windsor Tower, security in-charge Pradeep Awasthi said: “We have instructions not to let her into the compound. Her parents moved to Pune and the flat remains mostly locked. Her brother comes here, but she is not allowed.“ The society has submitted a letter in this regard to the Oshiwara police.
Noted society and consumer lawyer Vinod Sampat said housing societies had no right to stop a flat owner's close relative from entering the premises. (Apartment 401 is registered in the name of Pooja Misrra's sister.) “Anyone who is representing the member [flat owner] can enter the society building,“ he said. “Can a society insist on any documentation from a home owner's spouse to enter the building? It cannot. Similarly, it cannot prevent any guests from residing with the person.“
Residential societies can expel a member over wrongdoing, but the action can be taken only after procedures laid down by the law are followed. “If a society has problems with a member or his/her relative, it has to approach the police or a court before initiating any action. Stopping the person from entering the building without following the process can attract criminal action,“ Sampat said.
Uday Wavikar, another prominent lawyer in the field, has similar views, but said that if the owner was not actually living in the house, he she would have to submit documents formally permitting a relative or a guest's stay. “The person who is going to live in the house should have an authority letter or a power of attorney, or the person should be made an associate member of the society,“ he said.
Wavikar added that a society had the right to protect members' interests, but before taking action against an occupant, it should approach authorities and provide evidence of any illegal or immoral activity the person may be involved in.
A member of Windsor Tower's managing committee said it had become impossible for residents to live with Pooja Misrra. “Her behaviour was really bad. She would imagine things and fight with neighbours. She believed they were using black magic to prevent her from being successful. She used to level such ridiculous allegations and call cops,“ the member claimed.
Residents' attempts to resolve the row were apparently met with verbal abuses. “She made ridiculous accusations. Once she was getting inside her car and a stone or some other object struck the vehicle. She made a huge issue out of it, claiming residents were trying to hurl stones at her. Why would anyone do that?“ the member said. “Her family members are very polite and understanding. They apologized every time she misbehaved.“
The society asked Pooja Misrra's parents to take her away or face a police complaint. “Her brother and sister have given us a statement that she will not come here again,“ the member said.
But the actor-anchor said she was the actual victim. “I have been pursuing the matter with the police for a long time. I am also fighting a case against some society members,“ she said. “The society harassed me and made my father, a retired income tax commissioner, to apologize several times.“
She claimed her neighbours were jealous of her success and instigated fights. “They held me captive in the flat. I complained to the secretary several times about the harassment, but no action was taken,“ she said.
Windsor Tower's managing committee took a written statement from Pooja Misrra's family a year ago that she would not stay in flat number 401. A committee member claimed the former Bigg Boss contestant's “unacceptable behaviour“ prompted the action: she allegedly fought with neighbours for no apparent reason and made wild accusations that some residents were using black magic to sabotage her career. Pooja Misrra, currently in Hong Kong for a shoot, rejected the claims and said she had been “tortured and harassed“ by certain residents. She said she would drag the Lokhandwala society to court for “banning me from my own house“.
“My family bought this house, but I cannot enter it. They [society members] made my family submit in writing that I won't be given access to the flat. Which society does that?“ she said. “I am a lawyer and I don't need anyone else to defend me. I am taking this matter to the court.“ Apartment 401 is owned by her Singapore-based sister, Priya. Their parents live in Pune, and Pooja Misrra has been staying in Delhi for the past few months.
She was a contestant on Bigg Boss season 5, which ran from Oct 2011 to Jan 2012, a tumultuous stint that later led to a public clash with actor Pooja Bedi, who also featured in the show. She accused Bedi and other celebrities of spreading false rumours to harass her and damage her career.
In 2012, Bedi filed a defamation complaint against Pooja Misrra, and the case is far from over. A month ago, a court issued summons to Pooja Misrra, but the order could not be served as the Lokhandwala society told the police that she was not a resident anymore. “She has not replied to any summons issued to her. When the police went to the Lokhandwala building, they were told that she had been banned there,“ said Bedi's lawyer, Rizwan Siddiqui.
When this reporter enquired about Pooja Misrra at Windsor Tower, security in-charge Pradeep Awasthi said: “We have instructions not to let her into the compound. Her parents moved to Pune and the flat remains mostly locked. Her brother comes here, but she is not allowed.“ The society has submitted a letter in this regard to the Oshiwara police.
Noted society and consumer lawyer Vinod Sampat said housing societies had no right to stop a flat owner's close relative from entering the premises. (Apartment 401 is registered in the name of Pooja Misrra's sister.) “Anyone who is representing the member [flat owner] can enter the society building,“ he said. “Can a society insist on any documentation from a home owner's spouse to enter the building? It cannot. Similarly, it cannot prevent any guests from residing with the person.“
Residential societies can expel a member over wrongdoing, but the action can be taken only after procedures laid down by the law are followed. “If a society has problems with a member or his/her relative, it has to approach the police or a court before initiating any action. Stopping the person from entering the building without following the process can attract criminal action,“ Sampat said.
Uday Wavikar, another prominent lawyer in the field, has similar views, but said that if the owner was not actually living in the house, he she would have to submit documents formally permitting a relative or a guest's stay. “The person who is going to live in the house should have an authority letter or a power of attorney, or the person should be made an associate member of the society,“ he said.
Wavikar added that a society had the right to protect members' interests, but before taking action against an occupant, it should approach authorities and provide evidence of any illegal or immoral activity the person may be involved in.
A member of Windsor Tower's managing committee said it had become impossible for residents to live with Pooja Misrra. “Her behaviour was really bad. She would imagine things and fight with neighbours. She believed they were using black magic to prevent her from being successful. She used to level such ridiculous allegations and call cops,“ the member claimed.
Residents' attempts to resolve the row were apparently met with verbal abuses. “She made ridiculous accusations. Once she was getting inside her car and a stone or some other object struck the vehicle. She made a huge issue out of it, claiming residents were trying to hurl stones at her. Why would anyone do that?“ the member said. “Her family members are very polite and understanding. They apologized every time she misbehaved.“
The society asked Pooja Misrra's parents to take her away or face a police complaint. “Her brother and sister have given us a statement that she will not come here again,“ the member said.
But the actor-anchor said she was the actual victim. “I have been pursuing the matter with the police for a long time. I am also fighting a case against some society members,“ she said. “The society harassed me and made my father, a retired income tax commissioner, to apologize several times.“
She claimed her neighbours were jealous of her success and instigated fights. “They held me captive in the flat. I complained to the secretary several times about the harassment, but no action was taken,“ she said.
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