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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 PIL Challenging Additional FSI Approval as Abuse of Process. Court finds lack of bonafides and imposes costs of Rs. 5,00,000 for misuse of public interest litigation jurisdiction.

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Sarthi Seva Sangh and another petitioner, challenging the approval of an a...

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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 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 Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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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 Landlord's Writ Petition in Rent Control Dispute — Sets Aside Appellate Court's Reversal of Eviction Decree. Landlord's Bonafide Need for Reasonable Occupation and Unauthorized Permanent Alterations by Tenant Established Under Bombay Rent Act.

The petitioner, Smt. Yamunabai Dattoba Taware, was the original plaintiff and landlord of a suit premises consisting of one room admeasuring 10x12 fee...