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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court Allows Redevelopment of C-1 Building Despite IBC Moratorium — Development Rights Not Asset of Corporate Debtor. Cooperative Housing Society's Right to Redevelop Its Property Upheld Against Resolution Professional's Interference.

The Petitioner, Kher Nagar Sukhsadan Co-operative Housing Society Ltd., owned a building on land leased from MHADA. In 2005, it entered into a Develop...

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Bombay High Court Dismisses Writ Petition Challenging Forfeiture of Licence Agreement by MMRDA for Non-Payment of Dues. Contractual Obligations Not Fulfilled by Petitioners, Alternative Remedy Available.

The Bombay High Court dismissed a writ petition filed by Bombay Goods Transport Association and others challenging an order dated 17th August 2012 by ...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...

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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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Bombay High Court Upholds Dismissal of Conductor for Dishonesty in Brihanmumbai Municipal Corporation Case. Labour Court's Reinstatement Order Set Aside Due to Misconduct Involving Fare Collection Without Issuing Tickets.

The Brihanmumbai Municipal Corporation (BMC) challenged the Labour Court's order reinstating a conductor (First Respondent) who was dismissed for coll...

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Bombay High Court Allows Appeals Against Demolition by Municipal Corporation in Land Dispute Over Survey No.123, Hissa 1A. Appellants' Right to Reconstruction Upheld After Wrongful Demolition During Subsistence of Interim Order.

The case involves two appeals filed by Chotelal Ramkaran Yadav and Jaggu Chauthi Yadav against the Municipal Corporation for Greater Mumbai. The appel...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...