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Bombay High Court Dismisses Writ Petitions in Ceat Ltd. and Kalpataru Power Transmission Ltd. Cases Following Lead Case. Petitions Dismissed as Facts and Law Similar to Balkrishna Industries Ltd. v. Union of India.

The Bombay High Court disposed of two writ petitions, WP No.12186 of 2013 filed by Ceat Ltd. and WP No.1799 of 2015 filed by Kalpataru Power Transmiss...

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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Between Brothers Over Common Way and Drainage. Consent Deed Interpretation Upheld; Underground Drainage Held Likely to Cause Nuisance.

The dispute in this second appeal arose between three brothers, Satyanarayan (appellant), Shankarrao, and Tryambak (respondents), over ancestral prope...

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Supreme Court Dismisses Appeal in Partition Suit Between Brothers Over Property Dispute. High Court Directions on Common Areas and Terrace Rights Upheld as Consistent with Will and Evidence.

The case involves a partition suit between two brothers, Sajan Sethi (appellant-defendant) and Rajan Sethi (respondent-plaintiff), concerning property...

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Bombay High Court Dismisses PIL Challenging Lease of Playground to Trust for School Construction. Lease of Public Land for Educational Purpose Held Valid as Playground Not Reserved as Recreational Ground in Development Plan.

The petitioners, residents of Oshiwara and Lokhandwala area of Mumbai, filed a Public Interest Litigation (PIL) on 13/08/2012 challenging the lease of...

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Supreme Court Hears Appeals Against High Court's Order Regarding Development Licenses and Building Plans. Dispute Centers on Compliance with Town Planning Norms and Apartment Ownership Act.

The present batch of civil appeals, with the lead matter arising out of SLP(C) No. 11480 of 2020, originated from the judgment and order dated 10 July...

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Bombay High Court Quashes Chief Minister's Permission for Development on Recreational Ground in Public Interest Litigation. Section 47 MRTP Act Appeal Allowed Without Proper Application of Mind and Contrary to Development Plan Reservation.

The judgment arises from a public interest litigation filed by residents living around the Cooperage plot in Mumbai, represented by the Oval Cooperage...

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High Court Directs BBMP to Consider Apartment Owners' Complaint Against Building Licence Granted Over Common Amenity Area. Undivided Share in Entire Property Conveyed by Sale Deeds Includes Land Reserved for RWHU and STP; Builder Cannot Unilaterally Alter Approved Plan.

The petitioner, Keerthi Harmony Apartment Owners Association, challenged a building licence granted by the Bruhat Bengaluru Mahanagara Palike (BBMP) i...