The Brihanmumbai Municipal Corporation (BMC) has told the Bombay High Court that the appeal by Sonu Sood in High Court opposing BMC action against his residential property is a 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.
Sood had moved the High Court challenging an order of the City Civil Court at Dindoshi, Mumbai rejecting his plea for interim relief against the BMC from taking any action pursuant to their notice in relation to Sood’s residential property.
“The plaint before the City Civil Court and the reliefs sought therein constitute a malafide attempt and an abuse of process in as much as the Appellant seeks to protect an ex-facie illegal commercial hotel which has been constructed and modified by the Appellant contrary to the sanctioned building plan, in violation of the provisions of the Maharashtra Regional and Town Planning Act and the Mumbai Municipal Corporation Act and which is operating in absence of any license,” the affidavit filed by BMC states.
BMC has argued that with Sood’s regularisation application is still pending and he cannot, therefore, be allowed to continue to run a commercial hotel business in the absence of any sanctions under the guise of continuation of interim orders and the same must be stopped immediately.
BMC has contended that Sood continued making additions and alterations to the property every time BMC took action against it and that Sood is a ‘habitual offender’.
To substantiate their point, BMC has submitted how despite issuing notices and speaking orders directing Sood to stop carrying out the unauthorised work, Sood allegedly continued to carry out the unauthorised alterations.
“Appellants are habitual offenders and want to enjoy the commercial proceeds of their unauthorized work and therefore started reconstructing the demolished portion in order to make it operational as the hotel albeit illegally,” the affidavit contends.
It has been submitted that the notice to Sood, which is under challenge, was issued after a joint inspection of the building was carried out by the Lokayukta and the building proposal department.
BMC has also claimed that Sood has not disputed that there is no permission for change of user or license to run the commercial hotel in any of his replies to the notices issued, in plaint before the City Civil Court or even in the present appeal before the High Court.
When his appeal was taken up for hearing on Monday, Justice PK Chavan extended the protection till Wednesday in order to grant time to BMC to respond to the appeal.
The appeal will be heard by the Court today for grant of interim relief.