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Bombay High Court Allows Appeal in Land Acquisition Case — Enhances Compensation for Fruit Bearing Trees and Improvements. Claimant Entitled to Additional Compensation for Trees and Well Under Section 18 of Land Acquisition Act, 1894.

The appellant, Narayan Yashwanta Kapse, owned agricultural lands in village Leha, Taluka Phulambri, District Aurangabad, which were acquired for the W...

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Supreme Court Allows Appeal in NHAI Contract Dispute — BOQ Rate Applies to Increased Quantity Without Design Change. Variation Clause 52.2 Not Attracted Where Quantity Increase Due to Employer's Erroneous Estimate, Not Engineer's Instruction or Design Change.

The dispute arose out of a contract awarded by the National Highways Authority of India (NHAI) to Somdatt Builders-NCC-NEC(JV) for four-laning of a hi...

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Full Bench of Bombay High Court Determines Reference on Maintainability of Section 18 Reference Under Land Acquisition Act, 1894 After 2013 Act Came into Force. Key Issue Involves Whether Landowners Can Seek Enhancement Under Old Act When Award Passed After Commencement of 2013 Act.

Background: The matter arose from a land acquisition proceeding initiated by the Pune Municipal Corporation under the Land Acquisition Act, 1894. A no...

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Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over BANDH and Trees — Plaintiff Fails to Prove Exclusive Title. Concurrent findings of fact upheld that disputed BANDH and trees are jointly owned by both parties based on Commissioner's map and evidence.

The case involves a dispute between the appellant (original plaintiff) and the respondent (original defendant) over a BANDH (embankment) and trees sit...

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Bombay High Court Allows TDR Claim for Land Used for Development Plan Road in Pune. Land Not a Public Street Under Section 224 of Maharashtra Municipal Corporations Act, 1949, Hence Society Entitled to Consideration for TDR.

The petitioner, Shri Chhatrapati Rajaram Co-operative Housing Society Ltd., owned land bearing Survey No.682/A at Bibavewadi, Pune. A layout plan was ...

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Bombay High Court Hears Writ Petitions Challenging Reduction of Debarment Penalty in Solid Waste Tender Dispute. Court Considers Whether Appeal Against Debarment Order Was Maintainable Under Contractor Registration Rules, 1992.

The dispute arose from a tender floated by the Municipal Corporation of Greater Mumbai (MCGM) on 08.05.2018 for transportation of municipal solid wast...