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Bombay High Court Adjudicates Writ Petition Challenging Deemed Conveyance Order Under MOFA; Natural Justice and Area Disputes Raised. Deemed Conveyance Order Granted Under Section 11(3) of Maharashtra Ownership Flats Act, 1963 Challenged for Non-Impleadment of Promoter and Lack of Proper Inquiry.

The writ petition was preferred under Articles 226 and 227 of the Constitution of India challenging the order dated 14 July 2022 passed by the Compete...

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Bombay High Court Allows PIL Against APMC for Illegal Construction Without Development Permission Under MRTP Act. Agricultural Produce Marketing Committee Not a Local Authority Under Section 2(15) of MRTP Act, Hence Not Exempt from Section 44.

This Public Interest Litigation was filed by Goroba Pandurang Gadekar against the State of Maharashtra, Latur Municipal Corporation, Agricultural Prod...

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High Court Quashes Unilateral Conveyance Certificate Under MOFA Due to Lack of Notice and Jurisdiction -- Co-Owners' Rights Upheld in Property Dispute Involving Lease and Deed of Assignment

The Petitioner, filed a Writ Petition challenging an order by the Competent Authority under MOFA that allowed Priya Co-operative Housing Society Limit...

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Bombay High Court Hears Writ Petitions Challenging Corrigenda to Deemed Conveyance Certificates Under Maharashtra Ownership of Flats Act, 1963. Competent Authority Issued Certificates for Constructed Area and Later Extended to Land Without Notice, Prompting Promoters to Seek Quashing.

Background: The dispute involved ten cooperative housing societies formed under the Maharashtra Co-operative Societies Act, 1960, in a development cal...

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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 Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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Bombay High Court Considers Challenge to RERA Refund Order Alleged Void for Want of Jurisdiction. The Petition Tests Whether Supreme Court's Newtech Decision Renders Final Unappealed RERA Orders Non-Est Under Section 71 of RERA Act.

The writ petition came before the Bombay High Court raising the issue whether an order passed by the RERA Adjudicating Officer directing refund of Rs....

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Bombay High Court Dismisses Developer's Challenge to Arbitral Award Rejecting Claim Over Stilt Parking Spaces. Court upholds arbitrator's interpretation that development agreement did not grant developer right to sell stilt car parking lots.

The petitioner, M/s. M. Mamotra Associates, a developer, entered into a Development Agreement dated 20 February 2006 with the respondent, Leela Raj 'A...

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FIRST APPEAL NO.514 OF 2014

The appeal arose from a suit dismissed by the trial court for mandatory injunction seeking execution of an agreement for sale of a flat under the Maha...