HC stays BMC notice to raze illegal structure in Kapil Sharma’s flat

October 17, 2016

Mumbai, Oct 17: In a reprieve to standup comedian Kapil Sharma, the Bombay High Court on Monday granted interim stay on a notice issued by BMC in April this year directing razing of an illegal structure allegedly constructed by him at his flat in an 18-storey building in Goregaon.

kapilOn April 28 this year, the civic body issued notice to Sharma under section 351 of the Mumbai Municipal Corporation Act, claiming that certain constructions in the 18-storey residential building ‘DLH Enclave’ in Goregaon, in which the actor has a flat, were illegal and hence will have to be razed down.

Sharma had approached the Bombay High Court challenging a notice issued by the BMC directing razing of an illegal structure allegedly constructed by him at his flat in suburban Goregaon.

Sharma, in his petition, claimed that the Brihanmumbai Municipal Corporation (BMC) notice was “bad in law” and issued with “malafide intentions”.

Sharma’s advocate Pradeep Thorat informed a division bench of Justices Ranjit More and Anuja Prabhudessai that earlier the builder, Dev Land Housing Ltd, had also approached the high court against the notice and that the petition has been posted for hearing on November 23.

“Let this petition (Sharma’s) also be tagged along with that petition for hearing on November 23. Till then the notice is stayed,” Justice More directed.

The actor had kicked up a controversy last month by alleging that he had been asked to pay a bribe of Rs. 5 lakh by an official of BMC which, in turn, claimed that the actor had flouted norms not only in his Versova office building but also at his apartment in suburban Goregaon.

“In March and April 2010, the civic body issued commencement certificate to the developer granting permission to construct the 18 floors. On November 6, 2013, the corporation issued Full Occupation Certificate to the building,” Sharma said in his petition.

However, on November 14, 2014, BMC’s assistant engineer from Building and Factory department issued notice to Sharma claiming that he had made some illegal constructions in his flat in the building, and sought his reply.

Sharma, in his reply to the BMC, said no unauthorised construction was carried out at his flat in the building.

The civic body on December 1, 2014, however, replied refusing to accept the actor’s clarification.

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

“Despite the sessions court order, the corporation issued another notice on April 28 this year directing razing of the building,” Sharma said in his petition.

Apart from Sharma, the BMC had issued notices to several other flat owners, including actor Irrfan Khan, for allegedly carrying out illegal construction in their flats.

Sharma, in his petition, sought the notice to be set aside and direction to be issued to the corporation not to act upon the notice pending hearing of this petition.

The petition is likely to come up for hearing in due course of time before a division bench of Justices Ranjit More and Anuja Prabhudessai.

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Agencies
January 6,2020

Kochi, Jan 6: A trial court on Monday framed charges against Malayalam film actor Dileep and other accused in the case of alleged abduction and molestation of a south Indian actress in 2017.

The actor and nine other accused were present in the additional special sessions court in Ernakulamwhen the charges were framed against them.

All of them have denied the charges.

On Saturday, the Court had dismissed a plea filed by Dileep, seeking to exclude him from the list of accused.

The Court had admitted the prosecution argument that there is prima facie evidence against him in the crime and dismissed the plea of the actor, who is eighth accused in the case.

The court had also not allowed a plea by the actor to grant him 10 days time to file the appeal in a higher court in the light of the Supreme Court order in November 2019 that the trial should be completed in six months.

The court is hearing the case in-camera.

On December 19, Dileep, along with his lawyers and a technical expert, had examined the contents of the electronic records at the closed room of the court.

Earlier, the Supreme Court had directed that the actor be allowed to inspect the records to enable him to present an effective defence during the trial.

In February 2017, the actress was allegedly abducted and molested by the accused.

Seven people, including the key accused 'Pulsar' Suni were arrested in connection with the actress' abduction case.

There are 10 accused in the case.

The entire act had allegedly taken place in a moving vehicle, which was filmed by the accused to blackmail her.

Dileep was subsequently arrested and arrayed as an accused in connection with offences under provisions of the Indian Penal Code and IT Act.

The top court had directed that the trial in case be concluded expeditiously, preferably within six months from the date of the judgement.

A woman judge is hearing the case.

In February 2019, the High Court, while considering a plea seeking to transfer the case to a Sessions Court headed by a woman judge to conduct the trial, had ordered the CBI special court Judge-III Ernakulam Honey M Varghese to complete the trial expeditiously.

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News Network
June 9,2020

New Delhi, Jun 9: Multiplex operator PVR on Monday said it has cut salary across various levels, laid off employees and deferred increments during the lockdown to mitigate adverse impact of COVID-19 on the business.

The company said at present it is not generating any revenue from exhibition business and related activities as cinemas across the country are shut following the directions from the regulatory authorities.

According to the company, closure of screens during the lockdown will have a significant negative impact on profitability and liquidity.

PVR has taken measures to reduce its personnel cost, including salary cuts across various levels in the organisation during the lockdown along with "reduction in headcount by way of layoffs/retrenchment" to mitigate the adverse impact of COVID-19 on the business.

Moreover, the board of the company, in its meeting held on Monday has also approved plan to raise Rs 300 crore through rights issue.

"Since Cinema Exhibition is the only business segment, company is currently not generating any revenue from admissions, food and beverage sales or other revenue and cash flow from operations," said PVR in an update.

Beginning from March 11, PVR started closing its screens in accordance with the order passed by various regulatory authorities and within a few days most of our cinemas across the country were shut down, it added.

The company will continue to incur committed cash outflows, including employee salary pay-outs, other overheads as well as payments for older working capital.

"This has and will have a significant negative impact on profitability and liquidity during lockdown and even thereafter till business comes to normalcy," it added.

Further, once the cinemas are re-opened, we may not be able to run our cinemas at normal capacity utilisation levels on account of social distancing measures that cinemas may be required to follow as well as health concerns that the patrons may have, the multiplex operator said.

"On account of this, our revenue and cash flow generation may be impeded even once we are allowed to restart operations," it added.

The company has also deferred decision on on increments to reduce its cost, it added.

PVR has also written to developers for waiving rental and CAM (Common Area Maintenance) charges for the lockdown period.

It is in discussion with developers for reducing rentals post re-opening and has invoked force majeure clause in its agreements with them.

Besides, the company has raised additional borrowings from existing bankers to shore up liquidity.

"As of March 31, 2020 the company had cash and bank balance of Rs 316 crore. As on June 7, 2020 cash and bank balance is Rs 227 crore (including undrawn bank lines)," it added.

Over reopening of theatres, PVR said that the government has come out with a phase-wise schedule.

In these guidelines cinema halls have been kept in the third phase of re-opening, where dates will be decided based on assessment of the situation.

"We are in continuous engagement with all regulatory authorities and hope to receive the necessary permissions for restarting opening in the near future," it added.

Currently PVR operates 845 screens in 176 properties in 71 cities.

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Agencies
January 4,2020

Mumbai, Jan 4: After the Indian Institute of Technology (IIT) Kanpur constituted a panel to decide whether legendary poet Faiz Ahmed Faiz's poem 'Hum Dekhenge' is offensive to Hindu sentiments, filmmaker Shoojit Sircar had a cryptic take on the burning controversy.

"Best time for the rich & small businesses to make money as most of the population are engaged with a revolutionary poet named Faiz," Sircar said in a tweet.

The poem, penned down by the iconic poet in 1979, came into limelight again recently during the protests against CAA and NRC in IIT Kanpur.

Earlier on Thursday, senior lyricist Javed Akhtar rejected the claims about the poem being 'anti-Hindu'.

IIT Kanpur on Thursday had set up a committee to look into the issue.

The move came after a complaint that the students who took out a peaceful march in the campus on December 17 against the Citizenship Amendment Act and in solidarity with Jamia Millia Islamia students, sung it as a mark of protest, which hurt the sentiments of other communities.

The CAA grants citizenship to Hindus, Sikhs, Jains, Parsis, Buddhists and Christians who faced religious persecution in Pakistan, Afghanistan, and Bangladesh and came to India on or before December 31, 2014.

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