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Bombay High Court Allows Petition Challenging SEIAA's Deferral of Environmental Clearance Based on NGT Judgment. SEIAA Must Independently Apply Mind to Each Proposal and Cannot Mechanically Defer Decisions Due to NGT's Order on Recreational Ground.

The Petitioner No.1, NAREDCO West Foundation, is the Maharashtra chapter of the National Real Estate Development Council, representing over 400 real e...

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Bombay High Court Dismisses Petitions Challenging Flyover Construction on Environmental Grounds — Held That Project Did Not Require Environmental Clearance as It Was a Linear Project on Existing Highway.

The judgment pertains to two writ petitions filed before the Bombay High Court challenging the construction of a flyover and road widening project on ...

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Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

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Bombay High Court Dismisses Petition by Unauthorized Occupants Challenging Redevelopment Approval Under DCR 33(7) — Encroachers Lack Locus Standi to Challenge Approval Granted to Cooperative Society of Municipal Tenants.

The case involves a writ petition filed by Pramod Vithal Salgaonkar, the Chief Promoter of Shree Dattaguru CHS (Prop), and another petitioner, challen...

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Bombay High Court Quashes Reopening Notice Under Section 148 of Income Tax Act for Lack of Fresh Material — Mere Change of Opinion Invalid. Reassessment Based on Same Commencement Certificate Date Already Considered in Original Assessment Under Section 143(3) Cannot Be Sustained.

The petitioner, M/s. Mistry Lalji Narsi Development Corporation, a partnership firm engaged in development and construction, challenged a notice issue...

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Bombay High Court Dismisses Developer's Petition Challenging Slum Rehabilitation Authority's Cancellation of Letter of Intent for Non-Compliance. Failure to Obtain Commencement Certificate Within Validity Period Results in Forfeiture of Rights Under Maharashtra Slum Areas (I.C.&R.) Act, 1971.

The petitioner, M/s. Morya Homes, a partnership firm registered under the Partnership Act, was issued a Letter of Intent (LOI) by the Slum Rehabilitat...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...