A special leave petition under article 136 of Indian Constitution, has been filed before the Supreme Court by Sonu Sood challenging the Bombay HC’s recent order dismissing their appeal against Civil Court’s rejection in granting temporary injunction against the BMC and seeking a stay on the notice issued under the MRTP act.
Before this, Bombay HC had dismissed the appeal against a BMC notice which states that the Bollywood actor had carried out structural changes in the six-storey residential building ”Shakti Sagar”, and converted it into a hotel without taking requisite permissions and HC stated that the law helps only those who are diligent.
He alleged in his petition that Bombay HC had denied the grant of temporary injunction without considering the fact that the petitioners have already acquired approval of the Municipal Commissioner for their proposal moved under the Municipal Corporation Act, and are awaiting NOC of the Maharashtra Coastal Zone Management Authority, with regard to the suit building.
The petitioner had mentioned in the plea that, BMC had issued them a notice u/s 53(1) of MRTP Act and apprehend them that there building will be demolished.
It is also contended that such application u/s 44 of MRTP Act can be filed as a matter of right at any time after issuance of the above notice u/s 53(1) and mentioned that the given notice is vague for the same.