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Bombay High Court Dismisses Petition Challenging MHADA's Surplus Area Demand in Redevelopment — Condition 22 of NOC Valid Under MHAD Act. Petitioners' Challenge to Communication Dated 6 July 2007 and Appellate Order Rejected.

The petitioners, owners of a property admeasuring about 546 sq. mtrs. in Mumbai, sought redevelopment and obtained a No Objection Certificate (NOC) fr...

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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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Bombay High Court Allows Redevelopment of Acquired Property Under MHADA Based on Settlement Between Owners, Tenants, and Builder. Court Holds That Once Acquisition Notification Lapses, Property Can Be Redeveloped by Private Parties with Consent of All Stakeholders.

The petitioners, comprising owners (Petitioners 1 & 2), tenants (Petitioners 3 to 10), and a builder (Petitioner 11), filed a writ petition challengin...

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Bombay High Court Dismisses Petition Challenging MHADA Housing Allotment — Petitioner's Challenge to Eligibility of Allottees Fails. Court holds that MHADA's decision to allot flats to respondents was within its administrative discretion and not arbitrary under Article 226.

The petitioner, Ved Prakash Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the a...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...

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Bombay High Court Considers Appeal Against Dismissal of Suit Challenging Acquisition Under MHADA Act; Trustees Contest Procedural Validity of Acquisition Notice and Notification.

The appellants, trustees of a public trust, owned buildings known as Badak Chawls in Mazgaon, Mumbai. The Maharashtra Housing & Area Development Autho...

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Bombay High Court Quashes MHADA Cancellation of Flat Allotment for Non-Payment Due to Non-Issuance of Demand Letter. Petitioner's Allotment Cannot Be Cancelled Without Issuance of Formal Demand Letter Under Regulation 18(1) of MHADA (Disposal of Land) Regulations, 1992.

The petitioner, Sandeep Uttam Bodke, applied for allotment of a flat under the Lower Income Group (LIG) category in response to an advertisement issue...