Bombay High Court says the act of demolition was ‘actuated by legal malice,’ adding it disapproves of authorities using ‘muscle power’ against citizens.
The Bombay High Court on Friday said the Brihanmumbai Municipal Corporation’s (BMC) action of demolishing a part of Kangana Ranaut’s bungalow here smacks of malafide and was done to cause substantial loss to the actor, and quashed the demolition order.
The court also said it does not approve of authorities using “muscle power” against any citizen.
Bombay High Court says BMC officials acted with malice in demolishing part of Kangana Ranaut’s bungalow; appoints valuer to assess quantum of damage
— Press Trust of India (@PTI_News) November 27, 2020
— Live Law (@LiveLawIndia) November 27, 2020
A division bench of Justices SJ Kathawalla and RI Chagla noted that the action undertaken by the civic body leaves hardly “any manner of doubt” that it was unauthorised. The bench was hearing Ranaut’s petition challenging the demolition carried out by BMC at her Pali Hill bungalow in suburban Bandra on 9 September. The civic body has proceeded to act wrongfully and illegally against the rights of a citizen,” the bench said. Ranaut had sought Rs two crore in damages from the BMC and urged the court to declare BMC’s action illegal. On the issue of compensation, the bench said it was appointing a valuer who would hear the petitioner and the BMC on monetary damages caused to her due to the demolition. “The valuer shall by March 2021 pass appropriate orders on compensation,” the court said. Ranaut hailed the decision by the high court, writing her win “is not the victory of the individual but it’s the victory of the democracy.” Here’s her tweet
When individual stands against the government and wins, it’s not the victory of the individual but it’s the victory of the democracy.
Thank you everyone who gave me courage and thanks to those who laughed at my broken dreams.
Its only cause you play a villain so I can be a HERO. https://t.co/pYkO6OOcBr
— Kangana Ranaut (@KanganaTeam) November 27, 2020
The civic body had opposed the plea and said the actor had brazenly and unlawfully carried out extensive alterations and additions to the bungalow in breach of its approved plan.
Ranaut had filed the petition on 9 September when the demolition process was initiated by BMC. The court had in an interim order on 9 September stayed the demolition work.
(With inputs from Press Trust of India)
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