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Bombay High Court Dismisses Appeal in Construction Dispute — No Sanction Order Existed, No Estoppel Against Corporation. Plaintiffs failed to prove deemed sanction under Section 264 of Maharashtra Municipal Corporations Act, 1949 as no formal order was passed and no notice of revocation was issued.

The appellants, original plaintiffs, owned plot nos. 71/72, 70/2 and 70/3 on Sheet No. 67-D at Amravati. They filed Regular Civil Suit No. 193 of 1988...

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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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WRIT PETITION (L) NO. 2317 OF 2019

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Bombay High Court Dismisses Writ Petitions Challenging Draft Development Plan and Extension Under Maharashtra Regional and Town Planning Act, 1966. General Body Resolution Modifying Draft Plan Upheld as Legislative Function; Ex Post Facto Extension Held Permissible.

This judgment arose from writ petitions filed before the Aurangabad Bench of the Bombay High Court challenging the notification dated 4 February 2016 ...

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Madras High Court Dismisses Builder's Challenge to Demolition Notice for Unauthorized Construction in Chennai. Court Holds Regularization is Not an Absolute Right; Unauthorized Commercial Floors Constructed Beyond Approved Plan Must Be Demolished Under Tamil Nadu Town and Country Planning Act.

The petitioner, a construction company, challenged a removal notice issued by the Chennai Metropolitan Development Authority (CMDA) dated 28.11.2023, ...

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Supreme Court Dismisses Appeals Against High Court Order Protecting Open Spaces in JVPD Scheme. Layout Reservation of 1967 Prevails Over Development Plan of 1999 Under DCR.

The Supreme Court dismissed appeals against the Bombay High Court judgment that declared two plots in JVPD Scheme, Mumbai, as mandatory open spaces an...

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High Court of Bombay at Goa Adjudicates Public Interest Litigation Over Sanction of Group Housing Project Permissions. Petition Challenges Conversion Sanad and Construction License Under Goa Town and Country Planning Laws.

The case arose from a Public Interest Litigation filed by Betqui Candola Samvardhan Samitee, a society of villagers, challenging permissions granted t...

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Bombay High Court Dismisses Petition Challenging State's Refusal to Modify Development Plan Reservation. State's Discretion to Revert Land to Original Reservation Upheld Under Section 37 of MRTP Act, 1966.

The petitioner, Ramchandra Tukaram Mohite (since deceased through legal representatives), filed a writ petition under Article 226 of the Constitution ...