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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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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 Considers Constitutional Challenge to Development Control Regulation 33(7) Allowing Enhanced FSI for Reconstruction. Petition Filed by Public-Spirited Citizens Claims Regulation Exacerbates Population Congestion in Island City.

This public interest litigation, filed by three public-spirited citizens of Mumbai, challenged the legality of Regulation 33(7) of the Development Con...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Slum Rehabilitation Tenement Dispute. Court holds that Trial Court erred in not considering balance of convenience and irreparable loss while rejecting injunction under Order 39 Rules 1 and 2 CPC.

The appellants, Fayzan Khan, Devendra Mishra, Firoz Ismail Khan, and Rajesh Kanojiya, filed a suit in the City Civil Court at Dindoshi seeking a decla...

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Bombay High Court Dismisses State Appeal Against Maintainability of Suit Challenging Slum Acquisition Proceedings. Suit for Declaration of Title and Injunction Held Maintainable Despite Bar Under Section 42 of Maharashtra Slum Areas Act, 1971.

The State of Maharashtra appealed against an order dated 12 April 2016 passed by a learned Single Judge of the Bombay High Court in Suit No.2862 of 20...

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Bombay High Court Dismisses MLA's Petition Alleging Discriminatory Allocation of Slum Development Funds. Court holds that allocation of funds under Maharashtra Local Development Fund is an executive policy decision not subject to judicial review unless arbitrary or mala fide.

The petitioner, Ravindra Dattaram Waikar, a Member of Legislative Assembly (MLA) from Jogeshwari (E) constituency, filed a writ petition alleging disc...

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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...

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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...