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Bombay High Court Allows Plaintiff's Second Appeal in Property Dispute, Declares Prescriptive Title Over Survey No.85/1. Court holds that continuous possession for over 12 years confers ownership by adverse possession under the Limitation Act, 1963.

The dispute in this second appeal concerns a property admeasuring about 6225 square meters, surveyed under No.85/1, located in Poinguinim village, Can...

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Bombay High Court Dismisses PIL Challenging Coastal Road Construction in Mumbai — Environmental Clearance Upheld. Court holds that the Mumbai Coastal Road Project (South) is a public utility and the Environmental Clearance granted by SEIAA is valid under CRZ Notification, 2011, and EIA Notification, 2006.

The petitioner, Zoru Darayus Bhathena, a resident of Mumbai, filed a Public Interest Litigation (PIL) challenging the Environmental Clearance (EC) gra...

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Supreme Court Dismisses Appeals in National Green Tribunal Act Case Upholding Illegal Storage Facility Removal. Ex Post Facto Clearance Under 2011 Notification Invalid as Storage Terminal Not Located 'In' Notified Port Under Paragraph 8 of Environment Protection Act, 1986.

The appeals were lodged under Section 22 of the National Green Tribunal Act, 2010, challenging the National Green Tribunal's order that set aside an e...

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High Court of Bombay at Goa Upholds Enhanced Compensation for Land Acquired for Tillari Irrigation Project — Market Value Fixed at Rs. 200 per sqm Based on Comparable Sale Deed. Claimants' Appeal for Further Enhancement Dismissed as Reference Court's Deduction of 20% for Development Was Reasonable.

The judgment arises from two cross-appeals challenging the Award dated 15th September 2005 passed by the Additional District Judge, Fast Track Court, ...

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Bombay High Court Dismisses Petition Challenging Demolition of Structure in Eco-Sensitive Zone. Construction in Prohibited Area Without Valid Permission Violates Environment Protection Act and CRZ Notification.

The petitioners, M/s. Sai Pushp Enterprises and Yogesh Govind Puranik, filed a writ petition challenging the demolition of their structure by the Than...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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Supreme Court Modifies High Powered Committee Recommendations in Chardham Highway Project Case to Balance Development and Environmental Protection. The court held that widening of highways in ecologically sensitive Himalayan region must be subject to strict environmental safeguards and monitoring.

The case concerns the Chardham Mahamarg Vikas Pariyojna, a project by the Ministry of Road Transport and Highways to widen approximately 900 km of nat...

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High Court of Bombay at Goa Allows Appeal Against Remand Order in Property Suit — Trial Court's Dismissal of Suit Upheld as Proper. The appellate court erred in remanding the suit for fresh decision without setting aside the trial court's findings on limitation and adverse possession.

The appellant, original defendant No. 1, filed an appeal against the order of remand dated 16.7.2013 passed by the District Judge-I, North Goa, at Pan...

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High Court of Bombay at Goa Dismisses Appeal Against Refusal to Initiate Criminal Complaint for Alleged Offences Under IPC. Court holds that mere filing of civil suit and criminal complaint does not warrant initiation of proceedings under Section 340 CrPC without prima facie satisfaction of offence.

The appellant, Arun Kumar Sharma, filed a criminal appeal under Section 341 of the Code of Criminal Procedure, 1973, challenging the judgment and orde...