17/10/2016 4:17 PM IST | Updated 17/10/2016 4:50 PM IST

Kapil Sharma Challenges BMC Demolition Order In Bombay HC

Sharma has claimed that the BMC notice was 'bad in law' and issued with 'malafide intentions'.

Hindustan Times via Getty Images

MUMBAI -- Standup comedian Kapil Sharma has approached the Bombay High Court challenging a notice issued by BMC directing razing of an illegal structure allegedly constructed by him at his flat in suburban Goregaon.

On 28 April this year, the civic body issued notice to Sharma 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 actor has a flat, were illegal and hence will have to be razed down.

Sharma, in his petition, claimed that the Brihanmumbai Municipal Corporation (BMC) notice was 'bad in law' and issued with 'malafide intentions'.

The actor had kicked up a controversy last month by alleging that he had been asked to pay a bribe of ₹5 lakh by an official of BMC which, in turn, claimed that the actor had flouted norms not only in his Versova office building but also at his apartment in suburban Goregaon.

"In March and April 2010, the civic body issued commencement certificate to the developer granting permission to construct the 18 floors. On 6 November 2013, the corporation issued Full Occupation Certificate to the building," Sharma said in his petition.

However, on 14 November 2014, BMC's assistant engineer from Building and Factory department issued notice to Sharma claiming that he had made some illegal constructions in 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 on 1 December 2014, however, replied refusing to accept the actor's clarification.

Sharma then filed an application in Dindoshi sessions court against the notice. On 28 December 2014, the sessions court granted 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 28 April this year directing razing of the building," Sharma said in his petition.

Apart from Sharma, the BMC had issued notices to several other flat owners, including actor Irrfan Khan, for allegedly carrying out illegal construction in their flats.

Sharma, in his petition, sought the notice to be set aside and direction to be issued to the corporation not to act upon the notice pending hearing of this petition.

The petition is likely to come up for hearing in due course of time before a division bench of Justices Ranjit More and Anuja Prabhudessai.

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