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Bombay High Court at Goa Upholds Constitutional Validity of Goa Town and Country Planning Act, 1974 in Public Interest Litigation. Sections 10-17, 33-37, and 39 of the Act are not unconstitutional as they provide for public participation and do not delegate essential legislative functions.

The petitioner, The United Goans Foundation, filed a Public Interest Litigation under Article 226 of the Constitution of India before the High Court o...

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Bombay High Court Upholds Prospective Levy of Land Development Charges Under Section 124A of MRTP Act, 1966 — No Retrospective Recovery for Pre-1992 Permissions. Rain Harvesting Charges and Audit Objections Also Raised.

The Bombay High Court at Nagpur Bench heard a public interest litigation (Writ Petition No.4264/2009) concerning three issues: levy and recovery of la...

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Bombay High Court Dismisses Municipal Corporation's Challenge to Labour Court Award in Unfair Labour Practice Case. Corporation Failed to Prove That Daily Wage Employees Were Not Entitled to Regularisation Under Industrial Disputes Act, 1947.

The Dhule Municipal Corporation filed three writ petitions challenging a common award dated 29/12/2015 passed by the Labour Court, Dhule, in Reference...

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Bombay High Court Quashes Notification Extending Administrator's Term for Municipal Council — Election Must Be Held Within Three Months. Failure to Conduct Elections Within Stipulated Period Violates Section 47 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioners, residents of Satara Deolai Municipal Council area, challenged a notification dated 30th June 2015 issued by the State Government exte...

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Bombay High Court Dismisses Challenge to 50% Women Reservation in BMC Elections — Amendment to Section 5A of BMC Act Upheld as Valid Policy Decision. Reservation for Women in Local Bodies Permissible Under Article 243T and Not Violative of Basic Structure.

The petitioner, Kapoorchand Durgaprasad Gupta, filed a writ petition under Article 226 of the Constitution of India challenging the amendment to Secti...

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Bombay High Court Dismisses Petition Challenging No-Confidence Motion Against Chairman of Panchayat Samiti — Motion Valid Despite Absence of Members. Section 35 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 does not require quorum for no-confidence meeting; notice properly served.

The petitioners, six elected members of Panchayat Samiti, Mahagaon, challenged the no-confidence motion passed against the Chairman, respondent no.3, ...

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Bombay High Court at Goa Allows State Appeal Against Acquittal in Theft and Public Property Damage Case — Defective Investigation Cannot Be Sole Ground for Acquittal. Trial Court Must Appreciate Evidence Dehors Investigation Defects to Determine if Case is Made Out Against Accused.

The State of Goa appealed against the acquittal of Dadasaheb Rane, a market inspector of Bicholim Municipal Council (BMC), who was charged with theft ...