Search Results for "demolition suit"

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Search Results for "demolition suit"

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High Court

Bombay High Court Dismisses Appeal Against BMC Dispensary Construction on Municipal Land — No Prima Facie Title or Possession Established by Plaintiff. Suit property claimed by plaintiff was part of a larger municipal plot; plaintiff failed to show exclusive title or possession, and BMC's construction for public dispensary was held to be in public interest.

3 Oct 2023

The appellant, Dhanista Builders and Developers, a proprietary firm of Devdas Bhujang Rao, filed an appeal against an order of the City Civil Court, G...

High Court

Bombay High Court Dismisses Appeal Against Municipal Corporation in Property Dispute Over Open Space. Injunction Denied as Plaintiffs Failed to Establish Possession or Title Over Suit Premises Under Section 38 of Specific Relief Act, 1963.

18 May 2021

The appeal arose from an order dated 10.02.2021 of the City Civil Court at Dindoshi dismissing the Notice of Motion No. 438 of 2021 in L.C.Suit No. 14...

High Court

Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Against Municipal Corporation — Restrains Disconnection of Electricity Supply Pending Eviction. Court holds that electricity disconnection cannot precede eviction and must be in compliance with Section 169 of the Maharashtra Regional and Town Planning Act, 1966 and Section 354 of the Mumbai Municipal Corporation Act, 1888.

6 May 2021

The appellant, Adarsh Dahisar Gaurav Co-op Housing Society Ltd., filed an appeal against an order dated 14th September 2020 passed by the City Civil C...

High Court

Bombay High Court Dismisses Appeal Against Order in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial court's refusal to grant specific performance of agreement to sell as plaintiffs failed to prove readiness and willingness to perform their part of contract under Section 16(c) of Specific Relief Act, 1963.

22 Oct 2019

The dispute pertains to a suit for specific performance of an agreement to sell dated 18-04-2005 concerning agricultural land bearing Khasara No.40, P...

High Court

Bombay High Court Allows Appeal Against Demolition Order in Municipal Corporation Dispute — Violation of Natural Justice as No Show Cause Notice Was Issued Before Demolition Under Section 351 of Mumbai Municipal Corporation Act, 1888. The court held that Section 351 requires a notice before demolition, and failure to do so renders the demolition illegal.

12 Oct 2018

The appellants, M/s. B.D. Jogani & Company and its partners, were occupants of premises in Jaywant Industrial Estate, Mumbai. The Municipal Corporatio...

High Court

Bombay High Court Upholds Trial Court's Order Impleading Third Parties in Civil Suit Challenging Demolition Notices Under MRTP Act. Court Holds That Third Parties Having Direct Interest in Suit Property and Being Affected by Decision Are Necessary Parties Under Order 1 Rule 10 CPC.

28 Feb 2018

The dispute arose from a civil suit filed by the petitioners before the 4th Joint Civil Judge, Senior Division, Thane, challenging three notices issue...

High Court

Bombay High Court Awards Compensation for Unlawful Demolition Without Notice — State Liable for Damages for Demolishing Shop Without Prior Hearing Under Article 300A of Constitution. The court held that demolition without prior notice violates Article 300A and natural justice, directing compensation of Rs. 5,00,000 recoverable from erring officers.

8 Dec 2017

The petitioners, owners of a shop in Arvi, Wardha, purchased the property via a registered sale deed dated 8.1.1971 and had a valid license under the ...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupants on Railway Land — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is inapplicable to railway property, and eviction is governed by the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

23 Jan 2017

The petitioners, occupants of railway land in Mumbai, filed writ petitions seeking a declaration that they are 'protected occupiers' under the Maharas...

High Court

Bombay High Court Dismisses Petitions Seeking Protection as Slum Occupiers Against Railway Eviction — Slum Act Does Not Apply to Central Government Premises Under Article 285(1) of Constitution. The court held that the Maharashtra Slum Act cannot override the Public Premises Act in respect of Railway property, and petitioners cannot claim protected occupier status.

23 Jan 2017

The judgment concerns two writ petitions and several interlocutory applications filed by occupants of Railway land in Mumbai. The petitioners in Writ ...

High Court

Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888.

22 Sep 2016

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a ...

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