Judge Recuses Himself In Dilip Kumar's Property Case

Mumbai, Apr 6: A Bombay High Court Judge today declined to hear a petition filed by thespian Dilip Kumar, embroiled in a legal row with a city builder over redevelopment of his Pali Hill bungalow."Not
judge recuses himself in dilip kumar s property...
PTI April 06, 2011 22:02 IST

Mumbai, Apr 6: A Bombay High Court Judge today declined to hear a petition filed by thespian Dilip Kumar, embroiled in a legal row with a city builder over redevelopment of his Pali Hill bungalow.

"Not before me," said Justice V M Kanade when the actor's petition came up before the court, without assigning any reason for his recusal.

The petition would now come up before another judge in due course, High Court sources said.

The actor had challenged a lower court order appointing a Court Commissioner to inspect the property valued at more than Rs 100 crore in the posh Pali Hill area of the metropolis where some veteran Bollywood actors reside.

Dilip Kumar had moved into this bungalow as a tenant in 1953 on a long term lease on a condition that he would not alter or modify the structure, the petition says. The property belonged to the Khatau family which subsequently sold it to Narain Bhojwani.

Some years back the actor sought permission from the civic body to redevelop the property. He joined hands with a builder who undertook to erect a six storeyed building.

Being aggrieved, Bhojwani family, also in real estate business, moved a small causes court challenging the actor's move to redevelop the property. They contended that one of the conditions on which he was allotted the bungalow was that he would not redevelop the property without the consent of the owner. No such consent was obtained, the Bhojwani family said.

The small causes court recently passed an order appointing a Commissioner to inspect the property and submit a report. The actor challenged this order saying that it was passed without application of mind and was illegal. PTI

 
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