Businessman ordered to demolish store or face prison

A DURBAN High Court judge has ordered an Amanzimtoti businessman to demolish the store he erected illegally, or risk prison time.

Deepak Bhardwaj has been found in contempt of a 2015 court order – interdicting him from trading from the Wanda Cele Road property at which Toti Saverite is located.

He was given two months to tear the structure down, failing which he could be sent to prison.

This is the second time Bhardwaj is facing the threat of incarceration.

In September 2015, The Mercury reported that he had been found in contempt of a previous court order interdicting him from carrying out unapproved construction work on – or from trading from – the property.

It had been zoned for residential use and Bhardwaj’s plans to build a house there were approved but the city took him to court and secured an interdict against him after he started work on a commercial building instead.

The city returned to court after Bhardwaj disregarded the interdict and he was subsequently given a month to demolish the building and ordered to stop trading from it, or risk spending 30 days in jail.

Non-compliance

But in new papers filed in the Durban High Court last year, the eThekwini municipality’s principal building inspector said Bhardwaj was still not complying with the court’s rulings and was continuing to run various businesses – the Saverite, D’s Hardware and Building Suppliers, Liquor Zone and D’s Liquor Store – from the property.

In his papers, Bhardwaj’s legal team conceded their client had acted contrary to the court order but said the court “ought to consider the unique set of circumstances facing (Bhardwaj)” and the fact that he had not acted in bad faith.

They said he was busy obtaining reports from relevant professionals to ensure compliance and wanted their client to be allowed to carry out renovations.

“(Bhardwaj) sought to trade and provide for his family as well as provide jobs for his employees, most of whom may be regarded as members of vulnerable groups,” his lawyers said.

“He was therefore placed in the unenviable position of having to choose to provide for his family or obey the court order.”

But when the matter came before Judge Kate Pillay this month, she again found that he was in contempt.

She authorised the sheriff to seize all the non-perishable materials being stored on the property and again ordered Bhardwaj to cease trading immediately.

Judge Pillay ordered that he complete demolition of the illegal structure by no later than August 1 and that he be jailed for 30 days, if he failed to do so.