Nothing but malice in law, pay for damages: HC on demolition by BMC at Kangana's property

Mumbai, Nov 27: Bombay High Court on Friday granted relief to actress Kangana Ranaut in her plea challengeing demolition activity by the BMC on her property in Bandra and held that the actor is entitled to compensation due to malafide action by the BMC.

The court has said that the damages of the demolition drive should be recovered from BMC and Kangana will apply to BMC for re-construction of the area. Valuation of damages by an architect has to be completed within three months, said the court.

The HC calls demolition at the actor's place as action with malafide intent, said the demolition activity was done on 'wrongful grounds.'

HC has also ordered that a valuer will be appointed to ascertain damages caused due to demolition.

Bombay High Court says the valuer will submit a report to the court after which it will pass an order on compensation to Kangana Ranaut.

"The action by BMC was with malice. The manner in which the demolition was carried out meant that it was sinister attempt to silence Kangana," the division bench of Justice S J Kathawalla and Justice Riyaz Chagla passed the judgment after careful deliberation of nearly two months.

The Court also asked the actor to show restrain while commenting on other people on social media and otherwise.

The court also observed, "Irresponsible statements however irresponsible by an individual is best ignored. There cannot be muscle power used by the state in a civil society."

The high court further noted that after analysing the Saamana articles and news channel clips of Shiv Sena leader Sanjay Raut, the evidence lends credence to the charges that Kangana Ranaut was threatened.