Current AffairsIndia

Bombay High Court rejects appeal by Sonu Sood seeking relief against BMC

Bombay High Court on Thursday rejected the application filed by Bollywood actor Sonu Sood against a trial court order refusing to grant him protection from possible coercive action by the Brihanmumbaimumbai Municipal Corporation (BMC).

Sood had moved the High Court challenging the order of the City Civil Court at Dindoshi rejecting his plea for interim relief against BMC from taking any action pursuant to their notice in relation to his residential property at Juhu.

Justice PK Chavan had reserved his verdict in the application on January 13, 2021.

The notice under Section 53 of the Maharashtra Regional and Town Planning Act (MRTP) had alleged that there were unauthorised additions and alterations carried out by Sood to his residential property beyond the approved plan of BMC.

Advocate Amogh Singh representing Sood argued that the order of the trial court was passed without considering the settled position of law.

Singh contended that the lower court’s order incorrectly held that a speaking order by the BMC authorities was not necessary after a reply was filed to the notice under Section 53 of Maharashtra Regional and Town Planning Act.

He further stated that the notice issued by BMC was vague and did not specify what the unauthorised development was.

Senior Advocate AY Sakhare, appearing for BMC, pointed out that Sood had not approached the Court with clean hands as he had suppressed crucial facts.

Sakhare’s contention opposing the stay on the notice and the order of the lower court were two-fold:

  1. Sood had carried out alterations under the garb of beautification and against the sanctioned plan.
  2. Sood had suppressed an important fact from the Court that unauthorised portions of his property had been demolished twice and reconstructed again.

In the reply filed to the appeal of Sood, it was stated that the application for interim stay was well thought out strategy to continue running his illegal commercial hotel which has been constructed and modified contrary to the sanctioned building plan and in violation of law.

 

Source
Via Bar & Bench
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