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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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Bombay High Court Allows Stay of Demand for Slum Rehabilitation Authority in Income Tax Exemption Case — Prima Facie Case Established for Section 11 Exemption Despite Section 2(15) Proviso. Statutory Authority's Non-Profit Slum Rehabilitation Activities Held Charitable, Not Commercial.

The Petitioner, Slum Rehabilitation Authority, a statutory body established under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment...

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Bombay High Court Allows Appeal Against Demolition Order in Slum Area — Municipal Corporation Directed to Follow Slum Act Procedure. Notice under Section 351 of MMC Act set aside as premises fell within declared slum area requiring compliance with Maharashtra Slum Areas Act, 1971.

The appellant, Shri Ramawatar Babulal Jajodia, filed an appeal against an order dated 14.10.2013 passed by the City Civil Court, Borivali Division, Di...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Grants Interim Injunction in Arbitration Dispute Over Saleable FSI and Possession of Property. Court restrains respondents from alienating saleable FSI and disturbing possession pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

The petitioners, Atul Resorts and Hospitality India Pvt. Ltd. and Atul Projects India Ltd., filed two arbitration petitions under Section 9 of the Arb...

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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 Allows Landlord's Writ Petition in Rent Control Dispute — Sets Aside Appellate Court's Reversal of Eviction Decree. Landlord's Bonafide Need for Reasonable Occupation and Unauthorized Permanent Alterations by Tenant Established Under Bombay Rent Act.

The petitioner, Smt. Yamunabai Dattoba Taware, was the original plaintiff and landlord of a suit premises consisting of one room admeasuring 10x12 fee...