During the hearing, the top court orally observed that no coercive action should be taken against Sood until the civic authorities take a decision decide on his application for regularisation.
Sonu Sood File.Pic/Yogen Shah
Bollywood actor Sonu Sood on Friday informed the Supreme Court that he was given wrong advice in the matter pertaining to illegal construction, and it allowed him to withdraw the plea challenging the Bombay High Court order, which junked his case on alleged illegal construction at his residential building in Juhu area.
Senior advocate Mukul Rohatgi, representing Sood, urged withdrawal of this petition as also the the civil suit pending before the Bombay City Civil Court at Borivili Division, Dindoshi, in view of the application for regularisation filed pursuant to the notice on October 24, 2020 under Section 44 of the Maharashtra Regulation and Town Planning Act, 1966.
A bench headed by Chief Justice S.A. Bobde allowed this prayer.
The bench, also comprising Justices A. S. Bopanna and V. Ramasubramanian, in its order, said: "We direct the concerned Authorities to consider and decide the said application on its own merits and in accordance with law. Accordingly, the special leave petition and the civil suit being L.C. Suit No.1368 of 2020 are dismissed as withdrawn."
During the hearing, the top court orally observed that no coercive action should be taken against Sood until the civic authorities take a decision decide on his application for regularisation.
At the outset, Rohatgi submitted before the bench that he had advised his client to withdraw the plea, and instead seek the liberty that BMC should take a decision on his application for regularisation.
At this, the bench told Rohatgi: "That is good advice". The Chief Justice emphasised that he had given the right advice to his client.
The Chief Justice said the court does not want to seem sarcastic, but this appears to be the rare occasion when, by way of correct advice, it sees litigation getting resolved.
Rohatgi said his client is a Bollywood actor. "He has no knowledge about all this. He was misguided," he submitted.
The bench replied: "No, no, we don't mean any disrespect to anyone. We are only saying that your advice was absolutely right." In a lighter vein, the bench said that "the script has been written well".
On January 21, the Bombay High Court's Justice Prithviraj Chavan, dismissing Sood's plea, said law helps only those who are diligent.
The plea, filed by the actor and his wife in the apex court, said: "The petitioners have already stopped the work of internal renovation which requires no permission as per the provisions of Section 43 of Maharashtra Regional and Town Planning Act, 1966, therefore, the respondents may kindly be restrained from demolition of the renovation work already done in the building."
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