`Illegal' merger of flats by Kangana: HC continues interim protection

The Bombay High Court on Tuesdaycontinued an interim order passed by a lower court restrainingthe Mumbai civic body from taking action against allegedirregularities at actor Kangana Ranaut's flats here tillFebruary 5.

The high court directed her to inform by that date ifshe would apply to the Brihanmumbai Municipal Corporation(BMC) seeking regularization of alleged unauthorized changes.

The BMC in March 2018 had issued a notice to Ranautfor alleged illegal merger of three flats owned by her atOrchid Breeze building in suburban Khar.

The Dindoshi civil court dismissed her suit againstthe notice in December 2020, so she moved the HC.

The civil court, while dismissing the suit, had notedthat there was ''grave violation of the sanctioned plan'' whileamalgamating the three flats.

The actor's lawyer Birendra Saraf on Tuesday told thehigh court that ''vendetta'' was being pursued against her. Theillegal construction had been made by the developer and notRanaut, he contended.

Senior counsel Aspi Chinoy and advocate Joel Carlos,appearing for the BMC, argued that there were at least eightirregularities in the flat.

Advocate Saraf then told the court that he would takeinstructions from the actor on whether she was willing toapproach the BMC seeking regularization. In the meanwhile, thecourt should grant her protection from any coercive action, hesaid.

The high court asked BMC lawyers if there was any barfor regularization.

Advocate Chinoy said an application for regularizationis normally filed within 30 days from receiving the notice.

''In this case, she is already three years late. Butthe court can condone the delay,'' the lawyer said.

The court then adjourned the hearing to Friday.

''...the civil court order dated December 22, 2020shall remain in abeyance until February 5 and the interimorder (about not taking coercive action) shall continue tillthen,'' the court said.

Ranaut's petition said since she bought the flats in2013 she had not made any structural changes. She had carriedout only ''certain cosmetic changes'', said the appeal filedthrough advocates Aseem Naphade, Monisha Bhangale and PrasannaBhangale.

Last year, the BMC had initiated demolition of allegedunauthorized construction at Ranaut's bungalow in Pali Hillarea. The HC held the BMC's action illegal and malicious.