Her land has the considerable slope where Melville St moves to Bathurst. That slope is easily seen in Barrack St. Mr Khani has now excavated very close to her Eastern boundary at the rear of her property.
The result is that part of her fence is likely to soon collapse and with heavy rains some of her rear garden is likely to follow.
Mr Khani made a similar, albeit deeper, excavation near his nearby rear boundary about 2 years ago. That had the result of collapsing the rear of the land of Melville St residents A & J Home and they did fear for their residence.
That led to a Council prosecution on 2 charges under the Building Act (see below) for it's unlawful to take away such natural support. Mr Khani pleaded Guilty. Both he and his Engineer Mr Potter told Magistrate Rheinberger that he was not aware of this law.
Hobart Council have been advised of his recent actions. If prosecuted we'll see if he claims ignorance again.
The Council are not responsible for the repairs. The Insurers of the Melville St property are currently repairing that damage at a cost of over $100,000. They are expected to sue Khani for that sum, the law of Nuisance making it quite clear that he is responsible.
Rita Thurley's Estate will have to take their own action. In each case speed could be important considering Khani's many claims that he is planning to leave Hobart and his recent unsuccessful attempts to sell at least 5 properties.
The excavated area is seen in the photo below. Part of the work on the Melville St retaining wall can be seen at the right.
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