At a time when comedian Kapil Sharma is neck deep in controversies, the Bombay High Court (HC) gives him a breather. In a temporary relief, the court stayed FIR filed against him for carrying out illegal constructions
Kapil Sharma
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At a time when comedian Kapil Sharma is neck deep in controversies, the Bombay High Court (HC) gives him a breather. In a temporary relief, the court stayed the FIR filed against him for carrying out illegal constructions. Disposing his petition, the HC directed the Brihanmumbai Municipal Corporation (BMC) to give him a personal hearing and if Sharma found the civic body’s attitude to be adverse, then he was free to approach the court.
Criminal case to continue
In the last hearing, the court had asked the civic body which case it wished to pursue against the comedian as it had filed a civil case in the Dindoshi court and also a criminal case in the HC. Narendra Walawalkar appearing for the civic body said that it would follow the criminal case and withdraw a notice that was sent to him under section 351 (demolition) of the BMC Act, which has already been stayed by a lower court.
Representing Sharma, senior counsel Ranjeet Thorat and Pradeep Thorat told the court that the notice issued to him under section 53 (7) of Maharashtra Regional and Town Planning Act (MRTP) was vague and the civic body had filed a case with the local police based on it. The said notice was issued after the lower court stayed the previous one.
Thorat further told the court that they would file a reply with the BMC within three weeks, following which it can decide on further action against Sharma. After this the court disposed of the petition filed by the comedian.
The case
Sharma landed in trouble in August last year after he tweeted about corruption in the civic body - “I am paying 15 cr income tax from last 5 year n still i have to pay 5 lacs bribe to BMC office for making my office @narendramodi.”
Thereafter, the BMC started gathering evidence against him related to illegal activities in his Oshiwara office and Goregaon apartment. The Oshiwara police also registered a case against Sharma and builder Dev Land and Housing Private Ltd (DLH). The FIR was registered by BMC’s P South Ward sub-engineer Abhay Jagtap under section 53 (7) of the MRTP Act, that deals with prosecuting flat owners for not following up notices against unauthorised constructions.
The civic body had found violations in 15 apartments of the DLH Enclave on New Link Road, which included Sharma’s 9th floor flat. The BMC claimed that the alterations were contrary to the OC issued by the P-South ward office in November 2013. However, Sharma had claimed in the HC that the building was constructed as per the sanctioned plan.
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