"The BMC order was actuated by legal malice. There is material in pleadings that smacks of malafide and was done to cause substantial losses. We would be perfectly justified to order compensation against respondents,", the bench said.
The Bench of Justices SJ Kathawalla and RI Chagla ultimately concluded that the BMC had proceeded on wrongful grounds in this case and against the rights of the citizens, which is nothing but malice in law.
Not only this, The Court has appointed a surveyor/valuer to assess the damages caused to the building and to submit a report before it in March 2021 for determining the compensation payable to Kangana. The court has opined that the demolition took place in view of the alleged controversial remarks made by Shiv Sena leader Sanjay Raut against Ranaut.
However, the bench also stated that Kangana Ranaut should also show restraint when it comes to speaking about the government on public platforms. But the Court added that the State cannot take mala fide action against a citizen for irresponsible comments which are best ignored.
This all comes back on 8 September when the BMC had served Kangana a "stop work" notice, stating the "unauthorised alterations" in her property. The actor was given 24 hours to reply. On 9 September, BMC had started the process of demolition when the Bombay High Court put a stay on it following a petition by the actor.