Kapil Sharma vs BMC: HC stays civic body’s demolition notice


In a relief to popular stand-up comedian Kapil Sharma, the Bombay High Court today (Oct. 17) stayed till November 23, the order of Brihanmumbai Municipal Corporation (BMC) to demolish an illegal structure constructed by Kapil at his residence in suburban Goregaon.   

Earlier, the comedian-turned-actor had moved the Court challenging the BMC notice and claimed that it was “bad in law” and issued with “malafide intentions.” A division bench of Justices Ranjit More and Anuja Prabhudessai heard Kapil’s petition and put a stay on BMC’s order.  

Kapil stated in his plea that he purchased a 1,000 square metre plot in Goregaon from Slide Developers in February 2010. An 18-storey building was constructed on the plot and he owns flats/s in the building.

The plea read, “In March and April 2010, the civic body issued commencement certificate granting permission to construct the building. On November 6, 2013, the corporation issued a Full Occupation Certificate. However, on November 14, 2014, an assistant engineer from the BMC’s building and factory department issued a notice claiming that a part of the building was illegal.”

Last month, Kapil, who has a considerable fan-following on Twitter, kicked up a controversy claiming that some BMC officials had asked him to pay Rs. five lakhs as bribe for construction of another flat. He also tagged Prime Minister Narendra Modi in his post and questioned the latter’s ‘Achche Din’ campaign. The tweets generated mixed reactions from major political parties, with an eye on the forthcoming civic elections.

In turn, BMC filed an FIR against Kapil, claiming that the artiste had flouted norms in his Versova office building and destroyed mangroves during the construction of his Goregaon apartment.

The civic body claimed that one of its engineers from the Building and Factory department had issued a notice to Kapil and sought his reply in November 2014, regarding the illegal constructions in his flat. Kapil in his reply denied the charges, but the corporation rejected his clarification on December 1, 2014.

Kapil then filed an application in the Dindoshi sessions court against the notice on December 28, 2014, which granted interim relief and directed the civic body to not initiate any action pending the hearing of the application.

“Despite the sessions court order, the corporation issued another notice on April 28 this year directing razing down of the building in response to my complaints over the bribe,” the plea stated, as reported by Hindustan Times.