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High Court Refers Writ Petition to Larger Bench Due to Conflict on MRTP Act Reservation Lapsing. Dispute Involves Whether Notice Under Section 127 Served Before Plan Revision Lapses Upon Finalisation of Revised Development Plan Under Maharashtra Regional and Town Planning Act, 1966.

The judgment pertains to a writ petition filed by an agriculturist challenging the reservation of his land for a primary school under the Maharashtra ...

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High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Supreme Court on Compliance and Contempt: Implementing Judicial Directives with Precision. Ensuring Rule of Law Through Accountability in Compliance of Judicial Orders.

The Supreme Court adjudicated a series of contempt petitions alleging deliberate non-compliance with its orders dated 21.11.2014, 17.05.2022, and 19.0...

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Supreme Court Decides on Land Acquisition Compensation and Transferable Development Rights (TDR) for Public Amenities. Clarification on Additional TDR for Construction of Public Amenities, Prospective Application of Amendments to Development Control Regulations (DCR)

Facts: The appellants constructed DP Roads at their own expense on land reserved for public purposes under the sanctioned development plan and surr...