Mumbai: The Brihanmumbai Municipal Corporation (BMC) has defended its decision to issue a notice to comedian Kapil Sharma for razing of unauthorised structures at his residence in Goregaon, at the Bombay High Court on Tuesday.
In an affidavit filed in the Bombay High Court, which is hearing a petition filed by the 35 year-old comedy star against an order dated April 28, 2016 issued by the civic body, the BMC said Mr. Sharma’s flat had unauthorisedly merged elevation features, ducts, common passage and parts of the parking podium into the flat. All this is contrary to the occupancy certificate granted to the building. It also said that despite being asked to remove the unauthorised construction, Mr. Sharma had not done so till the date of the order and neither submitted any reply. “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.
The order was issued as per the Maharashtra Regional and Town Planning Act, in respect of Mr. Sharma’s flat on ninth floor of DLH Enclave situated on a plot in Goregaon.
In his petition, Mr. Sharma has said there is no unauthorised work of merger of elevated features carried out in the said building. He has pointed out that as per an order issued by BMC the developer of the said building had filed a suit before the City Civil Court at Dindoshi. The developer had also sought a temporary injunction restraining the civic body from demolishing or pulling down or removing any portion of the said building and as per an order dated December 15, 2014 the court had granted ad-interim relief restraining the BMC from taking any action.
