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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "illegal structure"

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High Court

Bombay High Court Allows Appeal Against Demolition Notices Under Section 314 of Mumbai Municipal Corporation Act — Tenants' Long-Standing Possession and Lack of Prior Notice Lead to Setting Aside of Trial Court's Dismissal. The court held that notices under Section 314 must be preceded by proper inquiry and opportunity of hearing, and that structures erected with municipal permission cannot be treated as unauthorized without proper evidence.

20 Dec 2006

The appellants, Smt. Saminussa Tawakal Hussein, Jaffar Ali Abdul Jaffar, and Mohd. Ishaq Kasam Ali, were tenants of M/s. Kay Kay Enterprises (responde...

High Court

WRIT PETITION No. 4045 OF 2005

10 Dec 2013

The matter arises from a writ petition under Article 226 of the Constitution of India filed by the Ahmednagar Municipal Corporation, a local authority...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Over Unauthorized Demolition — Finds Lower Courts Erred in Holding Construction on Public Road Without Evidence. The court held that the burden of proof under Sections 101 and 102 of the Indian Evidence Act, 1872 was on the respondent to show the construction was on a public road, and the lower courts' finding was perverse.

6 Apr 2005

The appellant, Nasirkhan Fazalkhan, filed a suit in the Bombay High Court against the Kalyan Municipal Council seeking a declaration that the construc...

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 ...

High Court

Bombay High Court Considers Validity of Lease of Manjeetnagar Garden Space to Private Sports Club. Petition Alleges Illegal Diversion of Recreational Open Space Under Development Control Rules and Building Bye-Laws

29 Feb 2016

The writ petition challenged an agreement dated 30.3.1998 between the Aurangabad Municipal Corporation and the Icon National Sports Club, leasing a 26...

High Court

Bombay High Court Quashes Demolition Notice for Shop in Municipal Corporation Case — Petitioner's Long-Standing Occupation and Lack of Proper Hearing Lead to Setting Aside of Notice Under Section 55(1) of MRTP Act, 1966. The court held that the demolition notice was issued without giving the petitioner a proper opportunity of hearing, violating principles of natural justice.

25 Apr 2017

The petitioner, Mr. Arputharaj Nadar, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 27th October, 20...

High Court

Bombay High Court Converts Writ Petition into Suo Motu PIL over Illegal Construction on CIDCO Land; Appoints Court Receiver to Survey Occupants. Unauthorised structure built without any permissions on acquired land, despite repeated demolitions and stay orders, led the Court to take suo motu cognizance and restrain civil suits while considering demolition.

11 Mar 2024

The Bombay High Court, in a suo motu writ petition arising from a private writ, addressed rampant unauthorised construction on government-acquired lan...

High Court

Bombay High Court Dismisses Challenge to Section 515A of Mumbai Municipal Corporation Act, 1888 Barring Civil Suits Against Demolition Orders. Provision held constitutionally valid as it does not oust writ jurisdiction and provides adequate alternative remedy.

17 Jul 2013

The petitioner, Abdul Razzaq Sunesra, challenged the constitutional validity of Section 515A of the Mumbai Municipal Corporation Act, 1888, inserted b...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 — Building Declared Dangerous and in Ruinous Condition. Court Held That Occupants Cannot Resist Demolition of Unsafe Building on Grounds of Pending Redevelopment or Ownership Claims.

22 Aug 2019

The petitioners, three occupants of a building called New Kisant Cooperative Housing Society in Mazgaon, Mumbai, challenged a notice dated 3rd July 20...

High Court

Bombay High Court Considers Bail Application in PMLA Case Involving Alleged Resort Construction and Predicate Offences. Applicant Challenged Validity of ECIR and Inclusion of FIR No. 177 of 2022 Offences, Arguing Absence of Proceeds of Crime Under Section 2(1)(u) of Prevention of Money-Laundering Act, 2002.

6 Dec 2023

The matter before the Bombay High Court was a bail application by the applicant, accused No.1 in ECIR/MBZO-I/57/2022, leading to Special Case No. 634 ...

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