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High Court of Bombay at Goa Quashes Regularisation of Encroachment on Communidade Land in Public Interest Litigation. Administrative Tribunal's Order Regularising Unauthorised Construction by Minister Set Aside for Lack of Jurisdiction and Violation of Communidade Land Protection Laws.

The petitioner, an advocate and public spirited citizen, filed a Public Interest Litigation challenging the order of the Administrative Tribunal (resp...

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Bombay High Court Dismisses Revision Against Eviction Decree in Rent Control Suit — Confirms Findings of Subletting and Non-User of Premises. Landlord's Eviction Suit Under Maharashtra Rent Control Act, 1999 Upheld as Tenants Failed to Prove Bona Fide Use and Consent for Subletting.

The case arises from a landlord-tenant dispute concerning Shop No.2 and rear portion of Shop No.1 in Supariwala Mansion, Parel, Mumbai. The original p...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Application to Declare Suit Non-Commercial in Specific Performance Dispute. Dispute over permanent alternate accommodation agreements held to be commercial under Section 2(1)(c) of Commercial Courts Act, 2015.

The plaintiff, Sanghvi Premises Pvt. Ltd., filed a Commercial Suit No. 181 of 2018 seeking specific performance of permanent alternate accommodation a...

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Bombay High Court Allows Writ Petitions of Shop Tenants Against BMC and MHADA for Occupation Certificate and Tax Waiver. Developer's Default in Surrendering Area to MHADA Cannot Prejudice Tenants Who Cooperated in Redevelopment.

The petitioners were tenants of shops in a property owned by Mumtaj Begum Shah Mohammed and others, located at Miya Mohamed Chhotani Road, Mahim, Mumb...

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Bombay High Court Allows Developer's Writ Petition for TDR Against Construction of Development Plan Road. Municipal Corporation's Rejection of TDR Application Set Aside as Unreasonable and Contrary to Development Control Regulations.

The petitioner, M/s. Siddhi Real Estate Developers, a partnership firm, constructed a development plan road at its own cost within the limits of Thane...