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High Court

Bombay High Court Quashes Stop-Work Notice Under Section 354A of MMC Act for Tenantable Repairs — Replacement of Rusted GI Sheets Held Not to Require Prior Permission. Tenantable repairs of replacing old GI sheets with new ones of same nature do not constitute erection of building or work under Section 354A of Mumbai Municipal Corporation Act, 1888, and notice issued without hearing is violative of natural justice.

13 Oct 2025

The petitioner, Indu Oil And Soap Co., is the owner of a property at 5-A, Hansraj Lane, Byculla (E), Mumbai, where it operates a factory for manufactu...

Supreme Court

Supreme Court Quashes High Court Order Allowing Tenant to Remove Wall in Dilapidated Building Under Mumbai Municipal Corporation Act, 1888. The High Court Erred in Exercising Writ Jurisdiction Under Article 226 of the Constitution to Adjudicate Disputed Technical Reports on Building Safety, Overriding Municipal Authority Decisions.

20 Jul 2021

The appeal arose from a judgment of the Bombay High Court dated 24.11.2020, which disposed of a writ petition filed by a tenant (Respondent No.1) agai...

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 Allows Writ Petition Challenging Property Tax Reassessment Under Mumbai Municipal Corporation Act, 1888 — Reassessment Based on Capital Value Method Without Proper Notice and Opportunity of Hearing Set Aside. Court Held That Reassessment Must Be Based on Fair Market Value as on 1st April 2010 and Not on Arbitrary Valuation.

29 Jul 2019

The petitioners, residents of Narsinha Prasad Building and Narsinha Prasad Annex Building in Vile Parle (East), Mumbai, challenged the reassessment of...

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 Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

19 Jun 2019

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

High Court

Bombay High Court Sets Aside Arbitral Award in Insurance Dispute — Wear and Tear Exclusion Not Applicable to Sudden Breakdown. The court held that the insurer failed to prove that the bearing failure was due to wear and tear, and the breakdown was a fortuitous event covered under the Industrial All Risk Policy.

15 Feb 2019

The petitioner, United Phosphorous Limited, was in the business of pesticides and chemicals. It purchased a Gas Turbine Engine from GE Packaged Power ...

High Court

Bombay High Court Upholds Arbitral Award in Insurance Dispute — Policy Exclusion for Wear and Tear Does Not Apply to Sudden Breakdown. The court held that the majority arbitrators' interpretation of the exclusion clause was plausible and not patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Feb 2019

The petitioner, United Phosphorous Limited, purchased a Gas Turbine Engine from GE and obtained an Industrial All Risk Policy from the respondent, Uni...

High Court

Bombay High Court Dismisses Petition by Co-operative Society Challenging Orders Allowing Associate Member to Use Terrace. Terrace held to be part of the flat under the Maharashtra Co-operative Societies Act, 1960, and the society cannot restrict its use.

24 Aug 2018

The petitioner, Maitri Park Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging orders...

High Court

Bombay High Court Allows Appeal in MVAT Case — Repairs/Reconstruction Contracts Covered Under 'Construction Contracts' for Tax Rate Purposes. The Court held that the term 'construction contracts' in Section 42(3) of the MVAT Act read with Notification dated 30 November 2006 includes repairs/reconstruction of buildings, and the rate of tax is 5%.

25 Jul 2017

The appellant, Painterior (India), a registered partnership firm under the Maharashtra Value Added Tax Act, 2002 (MVAT Act), is engaged in the busines...

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