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Court Strikes Down Arbitrary Lease Rent Hikes Based on Ready Reckoner Rates. State Government Ordered to Frame New, Fair Policy for Lease Rent Determination Following Landmark Judgment.

The challenge against the State Government's methodology for calculating lease rent for residential lands based on Ready Reckoner rates. The Petitione...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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Slum Redevelopment — Interpretation of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Legality of Slum Rehabilitation Scheme — Rejection of Appellants’ Claims — Finality of AGRC Order

The Supreme Court dismissed the appeals, affirming the High Court’s decision and the AGRC’s findings. It held that the area was a ‘censused slum...

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Bombay High Court Dismisses Challenge to Letter of Intent for Cluster Redevelopment Under DCR 33(9) — No Violation of Tenant Rights Found. Petitioner's claim of illegalities in documents and failure to execute permanent alternate accommodation agreements rejected as premature and lacking merit.

The petitioner, Mr Murtuza Shabbir Tinwala, a resident and tenant in the Bhendi Bazaar Area, filed a Writ Petition challenging the Letter of Intent (L...