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High Court Refers Writ Petition to Larger Bench Due to Conflict on MRTP Act Reservation Lapsing. Dispute Involves Whether Notice Under Section 127 Served Before Plan Revision Lapses Upon Finalisation of Revised Development Plan Under Maharashtra Regional and Town Planning Act, 1966.

The judgment pertains to a writ petition filed by an agriculturist challenging the reservation of his land for a primary school under the Maharashtra ...

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Supreme Court Quashes Municipal Corporation's Mandamus for Land Acquisition Due to Lapsed Reservation and Financial Incapacity. Reservation under Development Plan Lapsed Under Section 127 of MRTP Act, 1966, and Acquisition Not Mandated as Corporation Lacked Funds Under RFCTLARR Act, 2013.

The dispute involved a land reservation under the Kolhapur development plan sanctioned in 1999 for public purposes like parking and garden. The landow...

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Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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Bombay High Court Allows PIL Against APMC for Illegal Construction Without Development Permission Under MRTP Act. Agricultural Produce Marketing Committee Not a Local Authority Under Section 2(15) of MRTP Act, Hence Not Exempt from Section 44.

This Public Interest Litigation was filed by Goroba Pandurang Gadekar against the State of Maharashtra, Latur Municipal Corporation, Agricultural Prod...

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Bombay High Court Allows Petition Challenging Deletion of Name from Town Planning Scheme — Arbitrator's Order for Possession Upheld. Deletion of Petitioner's Name from Final Plot No.746/2 in Town Planning Scheme No.1, Shrirampur, Held Illegal and Arbitrary.

The petitioner, Suresh Devikisan Oza, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the deletion of his name from ...

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Bombay High Court Quashes Notice Under Section 89 of MRTP Act for Lack of Jurisdiction — Prior Civil Court Decree Declaring Petitioner as Lessee and Not Trespasser Bars Corporation from Issuing Notice Under Different Act

The petitioner, M/s. Iqbal & Brothers, a partnership firm, challenged a notice dated 2nd December 1997 issued by the Pune Municipal Corporation under ...

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Bombay High Court Upholds Environmental Protection in Public Interest Litigation Regarding Construction on Agricultural Land. Court Directs Demolition of Unauthorized Structures and Restoration of Land to Original Condition Under Maharashtra Agricultural Universities Act, 1983 and Environmental Laws.

The Bombay High Court, Nagpur Bench, disposed of a Public Interest Litigation (PIL No. 34/2010) initiated suo motu by the court and a connected Writ P...

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Bombay High Court Dismisses Challenge to Section 37(1AA) of MRTP Act in Constitutional Validity Case. Court Holds That State's Power to Modify Development Plans Does Not Violate 74th Amendment or Article 243W.

The petitioners, residents of Mumbai, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 3...