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Bombay High Court Upholds Prospective Levy of Land Development Charges Under Section 124A of MRTP Act, 1966 — No Retrospective Recovery for Pre-1992 Permissions. Rain Harvesting Charges and Audit Objections Also Raised.

The Bombay High Court at Nagpur Bench heard a public interest litigation (Writ Petition No.4264/2009) concerning three issues: levy and recovery of la...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Bombay High Court Allows State Appeal in Land Acquisition Case Due to Lack of Evidence for Compensation Enhancement. Reference Court's enhancement from Rs.11,000 to Rs.20,000 per hectare set aside as sale instance was not properly proved and land was barren.

The State of Maharashtra appealed against the judgment of the Reference Court dated 30-3-1994, which enhanced compensation for land acquisition from R...

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Madras High Court Upholds District Collector's Order Declaring Land Reserved for Public Park in Approved Layout — Sale Deed Void for Lack of Authority. The court held that common areas in a layout cannot be alienated and the District Collector's order directing removal of encroachments was valid.

The writ petition was filed challenging the order of the District Collector, Chennai District, dated 25.03.2024, which held that the subject property ...

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Bombay High Court Upholds Eviction Decree Against Tenants for Default in Rent Payment, Dismisses Landlords' Cross-Appeal on Subletting. The Court held that Defendant Nos. 2 and 3 were direct tenants of the Plaintiffs and not sub-tenants, and decreed eviction solely on ground of default in payment of rent.

The case involves cross proceedings between the landlords (Plaintiffs) and the tenants (Defendant Nos. 2 and 3) concerning a suit premises in Pune. Th...

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Supreme Court Upholds NGT Decision Quashing Ex Post Facto Environmental Clearances Under EIA Notification 1994. Circular dated 14 May 2002 Allowing Retrospective Clearances Held Invalid as Prior Environmental Clearance is Mandatory Under Section 3 of Environment Protection Act 1986.

The case involves appeals against the judgment of the National Green Tribunal (NGT) dated 8 January 2016, which quashed a circular issued by the Union...

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Bombay High Court Allows Production of Documents in Land Acquisition Reference for Fair Adjudication — Rejects Technical Objections to Late Filing. Documents Marked for Identification During Evidence Held Admissible Under Section 151 CPC to Advance Substantial Justice.

The petitioners, Mr. Avelino Rodrigues and Mrs. Carolina Ana Rodrigues, filed a writ petition challenging an order dated 21.10.2011 passed by the lear...

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Bombay High Court Partially Allows PWD's Challenge to Arbitral Award in Road Construction Contract Dispute. Court Upholds Damages Beyond 1% Cap Due to Contractor's Abandonment but Reduces Interest Rate from 18% to 9% Simple.

The case arises from three arbitration petitions filed by the Public Works Department (PWD) of Maharashtra under Section 34 of the Arbitration and Con...

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High Court of Gujarat Dismisses Insurance Company's Appeal in Motor Accident Claim — No Contributory Negligence Found. Tribunal's Award of Rs.39,80,000/- Upheld as Findings Were Based on Evidence and Not Perverse Under Section 173 of Motor Vehicles Act, 1988.

The present First Appeal under Section 173 of the Motor Vehicles Act, 1988 was filed by Reliance General Insurance Co. Ltd., the appellant, challengin...