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Bombay High Court Allows Refund of Premium Paid for FSI Exclusion in Town Planning Case — No Development Commenced, No Benefit Availed. The court held that retention of premium without providing any benefit amounts to unjust enrichment under the Maharashtra Regional and Town Planning Act, 1966.

The petitioners, Shri Prasad Pandurang Tapkir and Smt. Shakuntala Pandurang Tapkir, filed a writ petition challenging the order dated 15 February 2020...

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Bombay High Court Dismisses Petition Challenging Rejection of Amendment Application in Eviction Suit — Amendment Sought at Fag End of Trial Held Not Permissible as It Would Change Nature of Defence and Cause Prejudice.

The dispute pertains to a suit for eviction filed by the original Plaintiff, Joanita Braganza, against the original Defendant, Stanislaus J.T. D'Souza...

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Bombay High Court Allows Declaration of Lapsed Reservation Under Section 127 of MRTP Act Due to Non-Acquisition Within Ten Years. Petitioner's land reserved as 'Mela Ground' in Development Plan of 2004 not acquired within statutory period, resulting in deemed lapsing of reservation.

The petitioner, Sunil Mallikarjun Patil, is the owner of land bearing survey no. 40/1/B, out of which 0.52 hectares from survey no. 40 (Part), Shelgi,...

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Bombay High Court Allows Writ Petition Challenging Railway's Refusal to Grant NOC for Redevelopment of Cooperative Housing Society. Held that Railway land vests in the President of India and the Railway has no authority to demand NOC for redevelopment on land owned by MHADA.

The petitioners, Vinobha Bhave Nagar Godavari Adhyapak Cooperative Housing Society Ltd. and M/s. Nisar Properties Pvt. Ltd., filed a writ petition und...

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Bombay High Court Quashes Government Circular Restricting Land Compensation Under Consent Award. Circular dated 27.02.2020 Held Ultra Vires the RFCTLARR Act, 2013 and Maharashtra Rules, 2014.

The petitioner, Sanjay Mahadeo Japkar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Government Circular...

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Bombay High Court Dismisses Petitions Challenging Port Trust's Eviction Notices for Unauthorized Occupants. Held that lessees/licensees whose tenures expired and who continued in possession without consent are unauthorized occupants liable to eviction under the Major Port Trusts Act, 1963.

The judgment concerns a group of writ petitions filed by various entities who were originally lessees or licensees of land belonging to the Board of T...