Relief for Kapil Sharma as Bombay HC stays BMC demolition notice

The Bombay high court on Monday granted relief to actor Kapil Sharma by staying a Brihanmumbai Municipal Corporation (BMC) order to demolish “illegal portions” of his residence in suburban Goregaon till November 23.

Sharma had approached the high court challenging the BMC notice and claimed that it was “bad in law” and that it has been issued with “malafide intentions”. The hearing took place before a division bench of justice Ranjit More and justice Anuja Prabhudessai.

The actor said in his plea that he purchased a 1,000 square metre plot in Goregaon from Slide Developers in February 2010. An 18-storey building was constructed on the plot and he owns flats/s in the building.

“In March and April 2010, the civic body issued commencement certificate granting permission to construct the building. On November 6, 2013, the corporation issued a Full Occupation Certificate. However, on November 14, 2014, an assistant engineer from the BMC’s building and factory department issued a notice claiming that a part of the building was illegal,” the plea read.

In April this year, the actor kicked up a row with his tweeted that some BMC officers had sought Rs 5 lakh as bribe for the construction of another flat in Versova.

Sharma, who has 63 lakh followers on Twitter, tagged Prime Minister Narendra Modi and his post generated reactions from all major political parties, with an eye on the forthcoming civic elections.

Soon after, the BMC alleged that Sharma had flouted norms and destroyed mangroves during the construction of his Goregaon property. The municipal body issued a notice to Sharma under section 351 of the Mumbai Municipal Corporation Act.

Sharma sent a reply to the corporation denying the charge. However, on December 1, 2014, the corporation rejected his reply.

Sharma then filed an application in the Dindoshi sessions court against the notice. On December 28, 2014, the sessions court granted interim relief and directed the civic body to not initiate any action pending the hearing of the application.

“Despite the sessions court order, the corporation issued another notice on April 28 this year directing razing down of the building in response to my complaints over the bribe,” the plea reads.

Sharma asked that the BMC notice is set aside and directions issued to the corporation to not act upon the notice pending the hearing of his plea in HC.

Sharma hosts the popular television comedy talk show ‘The Kapil Sharma Show’. He won ‘The Great Indian Laughter Challenge’ in 2007 and later hosted the popular ‘Comedy Nights with Kapil’.