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Bombay High Court Allows Writ Petition Challenging Development Plan Reservation — Lapse of Reservation Under Section 127 of MRTP Act. Landowners Entitled to Develop Lands as Acquisition Not Completed Within Ten Years.

The petitioners, owners of lands bearing Survey Nos. 103 and 104 at Kopargaon, filed a writ petition under Article 226 of the Constitution of India ch...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Dismisses Petition Challenging Demolition of Illegal Construction on Gaothan Land — Upholds Municipal Action Under MRTP Act. Held that construction without valid permission is liable for demolition without prior notice.

The petitioners, Jamshid Kersi Dalal and others, filed a writ petition challenging the demolition of their building constructed on gaothan land in Pun...

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Bombay High Court Delivers Judgment in Public Interest Litigation No. 47 of 2013 Regarding Change of Land Use and Allotment. The court examined the validity of modifying user of a plot from public utility to commercial and the subsequent allotment to a trust.

This Public Interest Litigation (PIL) was filed by Citizen Forum For Equality, a registered NGO, challenging the modification of user of a plot in the...

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Supreme Court Allows CMDA Appeal in Premium FSI Charges Dispute — Guideline Value Prevailing on Date of Approval Governs Levy. Builder's Application for Additional FSI Does Not Confer Right to Pre-Revised Rate.

The appellant, Chennai Metropolitan Development Authority (CMDA), challenged the judgment of the Division Bench of the Madras High Court which directe...

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Bombay High Court Allows Petition to Quash Land Reservations in Development Plan for Non-Acquisition Within Ten Years Under Section 127 of MRTP Act. Reservation for MSEB extension and school/playground lapsed due to failure to acquire land within statutory period.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...

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High Court Adjudicates Public Interest Petition Against Ministerial Orders on Land Reservation for Pune Telephones and Cooperative Housing Societies. The Court Considers Legality of Compromise Order and Subsequent Land Acquisition Proceedings in Light of Development Plan and ULC Act Provisions.

The petitioners, residents of Pune, filed a public interest petition under Article 226 of the Constitution challenging the order dated 6.2.1991 (a com...

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Bombay High Court Decides Challenge to SRA Order Approving Termination of Development Agreement and Appointment of New Developer. The Court examined the legality of the order under Section 13 of the Maharashtra Slum Areas Act, 1971, and the requirement of fair hearing.

The petitioner, Shivkupa Builders & Developers, a partnership firm, filed a writ petition challenging the order dated 14 October 2009 passed by the Ch...

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Bombay High Court Allows Petition Challenging Land Reservations in Development Plan Under MRTP Act. Reservations for MSEB Extension and School/Playground Quashed as Not Acquired Within 10 Years, Land Deemed De-reserved.

The petitioner, Vikramsinh Jaysingrao Ghatge, owned land bearing R.S.No.247/2/1 admeasuring 3 hectares at Kagal, District Kolhapur. The Government of ...