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Search Results for "BMC demolition"

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High Court

Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

11 Feb 2016

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

A High Court judgment addressing unauthorized construction and the dismissal of petitions seeking relief for violations of the Maharashtra Regional and Town Planning (MRTP) Act.

11 Sep 2024

The Bombay High Court addressed a writ petition filed by the petitioner, Rafique Rahemtullah Kabani, challenging the demolition notices issued by the ...

High Court

Bombay High Court Allows Intervention Applications in Municipal Solid Waste Management PIL — Directions Issued for Compliance with MSW Rules, 2000 and Payment of User Charges by Bulk Waste Generators. The Court held that the consent order dated 2nd April 2013 is binding on all stakeholders and that the Municipal Corporation is entitled to recover user charges from bulk waste generators for solid waste management services.

3 Aug 2018

This judgment arises from Civil Application No. 221 of 2013 and Civil Application No. 58 of 2017 filed in Public Interest Litigation No. 217 of 2009, ...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Injunction in Municipal Demolition Case — Appellant Failed to Show Prima Facie Case for Protection of Unauthorized Construction Under MMC Act, 1888.

26 Oct 2016

The appellant, owner of a building in Mumbai, obtained permission from MHADA in 2006 to repair the dilapidated building but failed due to financial cr...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

28 Jun 2006

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

High Court

High Court of Bombay Dismisses Appeal in Unauthorized Construction Case Due to Lack of Proof of Authorization. Suit Challenging Demolition Order Under Section 351 of Mumbai Municipal Corporation Act, 1888 Found Maintainable Without Prior Notice Under Section 527 as It Seeks Injunctive Relief, Not Compensation.

17 Mar 2026

The dispute originated from a long-standing conflict between a property occupant and the Municipal Corporation of Greater Mumbai regarding the authori...

High Court

Bombay High Court Allows Appeal Against Demolition of Hutment in Housing Society Compound — Appellant Proves Possession Prior to Cut-off Date Under MMRDA Act. The court held that the appellant's possession since 1975 was protected under Section 53A of the Transfer of Property Act, 1882, and the demolition without notice was illegal.

15 Oct 2016

The appellant, originally the original plaintiff Nirmala Ramswaroop Makkar (since deceased, represented by heirs), filed a suit in the City Civil Cour...

High Court

Bombay High Court Allows Tenant's Appeal Against Refusal of Injunction in BMC Demolition Case - Tenant's Right to Challenge Demolition Notice Under Section 354 of MMC Act Not Dependent on Impleading Purchaser-Owners.

27 Sep 2016

The appellant, Arun Jakson James, a tenant in possession of suit premises, challenged a notice issued under Section 354 of the Mumbai Municipal Corpor...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

26 Sep 2016

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

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