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Reservation Lapses Under Section 127 MRTP Act When Authority Fails to Acquire Land Within Statutory Period: Bombay High Court

The Bombay High Court held that reservation of land under the Development Plan lapses under Section 127 of the MRTP Act if the Planning Authority fail...

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Bombay High Court Allows Lapsing of Land Reservation Under MRTP Act Due to Non-Acquisition Within Ten Years. Land reserved for Elevated Service Reservoir declared lapsed as Planning Authority failed to acquire or take proceedings within statutory period under Section 127 of MRTP Act.

The petitioner, Jawahar Hiralal Mehta, through his power of attorney holder, filed a writ petition under Article 226 of the Constitution of India befo...

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Bombay High Court Allows Landowner's Petition for Declaration of Lapsed Reservation Under MRTP Act - Garden Reservation Lapses Due to Non-Completion of Acquisition Within Statutory Period

The petitioner, Mr. Appasaheb Gurusiddhappa Lakshetti, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

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Bombay High Court Dismisses Second Appeal in Landlord-Tenant Dispute Over Eviction and Mesne Profits — Concurrent Findings of Subletting and Unauthorized Construction Upheld Under Section 100 CPC.

The case involves a second appeal filed by the original defendants (tenants) against the concurrent decrees of eviction and mesne profits passed by th...

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Bombay High Court Directs Payment of Compensation for Railway Encroachment on Private Land Without Acquisition. Petitioner's land used for railway line without acquisition proceedings; court orders compensation under RFCTLARR Act, 2013.

The petitioner, Sumit S/o Ashokkumar Bharadiya, filed a writ petition before the Bombay High Court at Aurangabad alleging that the Railway Authorities...

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Bombay High Court Allows Second Appeal in Land Encroachment Suit — Remands for Fresh Consideration Due to Failure to Frame Points for Determination. The appellate court's judgment was set aside for non-compliance with Order 41 Rule 31 CPC, and the matter was remanded for fresh disposal.

The original plaintiff (since deceased, represented by his legal heir) filed a suit for removal of encroachment against defendant nos.1 and 2, claimin...

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Bombay High Court Dismisses Writ Petition Challenging Trial Court's Refusal to Reopen Evidence in Civil Suit — No Error in Discretion Exercised Under Order 18 Rule 17 CPC.

The petitioners, defendants in a civil suit, challenged the order of the trial court dated 28.2.2014 rejecting their application under Order 18 Rule 1...

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Bombay High Court Allows Revision Against Ex-Parte Decree in Possession Suit — Defendant Denied Opportunity to Cross-Examine Due to Non-Prosecution of Suit. Trial Court Erred in Dismissing Suit for Default and Then Restoring It Without Notice to Defendant, Violating Principles of Natural Justice.

The petitioner, original defendant in R.C.S. No. 96 of 2007, challenged the ex-parte decree passed by the Civil Judge, Junior Division, Chalisgaon. Th...

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Bombay High Court Allows State's Appeal in Land Acquisition Compensation Case, Reduces Enhanced Compensation. Court holds that mere potentiality of land for non-agricultural use does not justify compensation at rates comparable to developed plots without evidence of comparable sales.

The case involves multiple first appeals arising from land acquisition proceedings initiated by the State of Maharashtra for a housing scheme under th...