Illegal construction case: Relief for Sonu Sood as HC extends order against BMC action till January 13

Singh submitted that Sood had in, 2018 itself, filed an application for regularisation of the alterations but the civic body had yet not taken a decision on it. He contended that it was impermissible for BMC to take any action as regards the building when the application was pending

In a relief for actor Sonu Sood, the Bombay high court on Monday extended till January 13 a lower court order restraining Brihanmbai Municipal Corporation (BMC) from taking any action on the demolition notice issued to him over purportedly illegal additions and alterations made in his Juhu building.

Sonu Sood. (File photo)

A single-judge bench of justice Prithviraj Chavan has now posted the actor’s appeal against December 19 order of the City Civil Court at Dindoshi, rejecting his application for interim relief. The civil court had granted Sood three weeks to approach high court and had restrained the civic body from taking any action of demolition till then.

Sood had filed the application in his pending suit before the civil court, challenging two notices issued by BMC -- one for demolition of the additions and alterations made in Shakti Sagar Building, a ground-plus-six storeyed structure at Juhu and the other concerning unauthorised change of use of the building from residential to commercial.

The actor moved the high court on January 5 after the civil court rejected his plea for interim relief. His counsel, advocate Amogh Singh, on Monday urged the HC to continue the restraining order passed by the civil court, contending that otherwise the appeal would become infructuous.

Senior advocate Anil Sakhare and advocate Joel Karlos, who represented BMC, pointed out that the actor has put up unauthorised partitions across all floors in the building and also converted the residential building into a hotel without taking requisite permissions from the civic authorities for the change of user.

Sakhare also pointed out that the illegal additions and alterations were twice demolished earlier by the civic body, once in 2018 and later, on February 14, 2020.

Singh, however, maintained that the building was not being used as a hotel, but a residential hotel. He said there is a difference between a hotel and a residential hotel, where flats are rented out to guests for relatively longer period of time.

Singh submitted that Sood had in, 2018 itself, filed an application for regularisation of the alterations but the civic body had yet not taken a decision on it. He contended that it was impermissible for BMC to take any action as regards the building when the application was pending.

The matter will now come up for further hearing on January 13.