Search Results for "Section 354 MMC Act"

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Search Results for "Section 354 MMC Act"

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High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Dismisses Municipal Corporation's Petition Challenging Quashing of Process in MMC Act Case — Failure to Prove Service of Notice and Non-Compliance Within Stipulated Period. The court held that the prosecution under Section 475A(1)(a) of the Mumbai Municipal Corporation Act, 1888, cannot be sustained without strict proof of service of notice under Section 354 and failure to comply within the prescribed period.

7 Mar 2016

The petitioner, Municipal Corporation of Greater Mumbai, filed a criminal writ petition challenging the order dated 16.5.2011 passed by the Additional...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Building Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court held that principles of natural justice require that occupiers be given an opportunity of being heard before demolition of a dangerous building under Section 354 of the MMC Act.

1 Aug 2019

The petitioners, tenants of a building known as 'Omar Manzil' in Santacruz (East), Mumbai, and their welfare association, filed a writ petition challe...

High Court

Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

16 Jan 2015

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

High Court

Bombay High Court Quashes Demolition Notice Under Section 354 of MMC Act for Violation of Natural Justice — Notice Issued Without Prior Hearing and Without Proper Application of Mind. The court held that a demolition notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, must be preceded by a proper inquiry and an opportunity of hearing to the affected persons.

9 Jul 2019

The petitioners, residents of SmitDeep Apartment in Mumbai, challenged a notice dated 28 September 2015 issued under Section 354 of the Mumbai Municip...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

16 Oct 2014

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...

High Court

Bombay High Court Dismisses Petition Against Demolition of Dilapidated Chawl for Non-Compliance with Interim Orders. Petitioners Failed to Provide Structural Stability Certificate and Alternative Accommodation as Directed, Leading to Dismissal of Writ Petition Under Article 226.

24 Jun 2019

The petitioners, five individuals residing in a chawl in Dahisar, Mumbai, filed a writ petition under Article 226 of the Constitution of India seeking...

High Court

Bombay High Court Directs Municipal Corporation to Take Follow-Up Action Under Section 354 of MMC Act for Demolition of Dangerous Structures — Police Directed to Provide Logistical Support. The Court held that the Corporation is duty-bound to take necessary action to prevent danger to life and property, and police authorities must provide logistical support for such lawful actions.

8 Feb 2013

The petitioner, The Tadeshwar Wadi Co-operative Housing Society Ltd., filed a writ petition under Article 226 of the Constitution of India seeking dir...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of Mumbai Municipal Corporation Act, 1888. Court holds that prior permission of the Competent Authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is mandatory before demolition of a cessed building.

6 Sep 2019

The petitioners, tenants of a cessed building known as 'Shreeji Krupa' in Mumbai, filed a writ petition challenging the demolition of the building by ...

High Court

Bombay High Court Dismisses Writ Petition Challenging MHADA Eviction Order in Slum Rehabilitation Case. Court upholds MHADA's jurisdiction to evict unauthorized occupants from transit accommodation under Section 3M of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971.

13 Aug 2019

The judgment pertains to a writ petition filed by 16 individuals who were occupants of transit accommodation in a building known as 'Sukh Sadan' in Go...

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