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High Court of Judicature at Bombay Allows Petitioners in DCR Interpretation Case Following Supreme Court's Godrej & Boyce Ruling. The Court Holds That Paragraph 6 of Appendix VII Entitles Owner to DRC Equal to Area of Constructed Amenity, Rejecting Circulars Limiting to 25%.

Background: The consolidated writ petitions were filed before the High Court of Judicature at Bombay under Article 226 of the Constitution concerning ...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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Bombay High Court Dismisses Writ Petition Challenging Termination of Developer Appointment in Slum Rehabilitation Scheme. Petitioner's failure to obtain 70% slum dweller consent and submit documents within stipulated time justified termination under Section 13(2) of Maharashtra Slum Areas Act, 1971.

The petitioner, Surjit Singh Arora, sole proprietor of M/s. Sukhamani Construction, was appointed as developer for a slum rehabilitation scheme under ...

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Bombay High Court Considers Constitutional Challenge to Development Control Regulation 33(7) Allowing Enhanced FSI for Reconstruction. Petition Filed by Public-Spirited Citizens Claims Regulation Exacerbates Population Congestion in Island City.

This public interest litigation, filed by three public-spirited citizens of Mumbai, challenged the legality of Regulation 33(7) of the Development Con...

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Bombay High Court Allows Redevelopment Project Despite Narrow Road Width, Applies Promissory Estoppel Against Municipal Corporation. MCGM Estopped from Refusing Permission After Granting Initial Approval and Petitioner Acting to His Detriment.

The petitioner, Gufran Suleman Qureshi, proprietor of M/s Sirsiwala Realty, sought redevelopment of a building in Mumbai. The Municipal Corporation of...

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Bombay High Court Upholds Removal of Developer in Slum Rehabilitation Project Due to Non-Compliance with Scheme Conditions. Order of CEO SRA Upheld as Developer Found to Have Violated Terms of Agreement and Failed to Complete Project.

The petitioner, a company engaged as a developer for a slum rehabilitation project on a property owned by a cooperative housing society, filed a writ ...