BMC defends notice to Kapil on unauthorised construction

The Brihanmumbai Municipal Corporation (BMC) has filed an affidavit in Bombay High Court defending its notice issued to standup comedian Kapil Sharma for razing of unauthorised structures allegedly constructed by him at his flat in suburban Goregaon.
The affidavit was recently filed by Salim Mulani, assistant engineer (Building and Factory department) of BMC, in reply to the petition filed by Sharma challenging the notice issued to him.
The civic body, in its affidavit, said that Sharma's flat on ninth floor of the building had unauthorisedly merged elevation features, ducts, common passage and parts of the parking podium into the flat.

"All these constructions were contrary to occupancy certificate granted to the building," the affidavit said.
It further said that Sharma was asked to remove the unauthorised construction, but he has not done so till date and has neither submitted any reply or documents to the corporation in his defense.
"Since Sharma carried out unauthorised work beyond the approved plan, he is not liable for any relief and his petition should be dismissed and cost should be imposed on him," the affidavit said.

Sharma's petition is likely to come up for hearing next week.
The court had on the last date of hearing directed all parties involved to maintain status quo in the matter, which means the civic body cannot initiate action of demolition of the alleged illegal structure.

On April 28 this year, the civic body issued notice to Sharma and actor Irrfan Khan under section 351 of the Mumbai Municipal Corporation Act, claiming that certain constructions in the 18-storey residential building 'DLH Enclave' in Goregaon, in which the actors have flats, were illegal and hence will have to be razed.
Apart from Sharma and Khan, another resident and the developer of the building, Dev Land and Housing Private Ltd, have also petitioned the high court.
Sharma, in his petition, claimed that the BMC notice was "bad in law" and issued with "malafide intentions".
"In March and April 2010, the civic body issued

commencement certificate to the developer granting permission to construct the 18 floors. On November 6, 2013, the corporation issued Full Occupation Certificate to the building," Sharma said in his petition.
However, on November 14, 2014, BMC's assistant engineer from Building and Factory department issued notice to Sharma claiming that he had made some illegal constructions at his flat in the building, and sought his reply.
Sharma, in his reply to the BMC, said no unauthorised construction was carried out at his flat in the building.
The civic body had on December 1, 2014, responded by saying that the actor's clarification was unacceptable.

Sharma then filed an application in Dindoshi sessions court against the notice.
On December 28, 2014, the sessions court granted him interim relief and directed the civic body not to initiate any action pending hearing of the application.
"Despite the sessions court order, the corporation issued another notice on April 28 this year directing razing of the building," the comedian said in his petition.
Sharma and Khan sought the BMC notice to be set aside and direction to be issued to the corporation not to act upon the notice pending hearing of the petition.