Search Results for "Right of Way"

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Bombay High Court Quashes Orders Under Mamlatdar Court's Act for Non-Compliance with Affidavit Requirement. Application for Right of Way Dismissed as Plaint Not Supported by Affidavit as Mandated by Section 5 of Mamlatdar Court's Act, 1906.

The petitioners, owners of Gat No.257, challenged orders passed under the Mamlatdar Court's Act, 1906, which granted a right of way to the respondent ...

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Bombay High Court Dismisses PIL Challenging Development Permission for Construction Allegedly Encroaching on Public Right of Way. Court finds no violation of licence conditions and holds that petitioners failed to establish any public right of way over the property.

The petitioners, a village group and its president, filed a Public Interest Litigation in the Bombay High Court at Goa challenging development permiss...

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Bombay High Court Allows Writ Petition Challenging Revisional Order Setting Aside Right of Way. Concurrent Findings of Fact by Revenue Authorities Upheld; Revisional Authority Cannot Interfere Without Perversity.

The petitioners, Harichandra Pundlik Ughade and Pundlik Konduji Ughade, purchased agricultural land Gat No.282/2 at Mouza Rasa, Tahsil Wani, District ...

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Bombay High Court Dismisses Government Appeal in BOT Bridge Dispute. Court upholds arbitral award granting escalation costs and interest to contractor for owner's delay in providing right of way and toll collection issues.

The Government of Maharashtra, through the Executive Engineer, Alibag Public Works Division, filed an appeal under Section 37 of the Arbitration and C...

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Bombay High Court at Goa Allows Revision Petition in Section 133 CrPC Right of Way Dispute. Dispute over easementary rights between Mundkars held to be of civil nature, not amenable to summary proceedings under Section 133 CrPC.

The case involves a criminal revision petition filed by Shri Laxman alias Bala Govekar (petitioner) against an order of the learned Sessions Judge, Ma...

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Bombay High Court Allows Petitioners' Claim for Right of Way Under Section 143 of Maharashtra Land Revenue Code. Sub-Divisional Officer's Remand Order Quashed as Naib Tahsildar Had Conducted Proper Enquiry.

The petitioners, Smt. Vidya Karandikar and Vijay Karandikar, filed a writ petition challenging the order of the Sub-Divisional Officer, Nagpur, dated ...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...

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Bombay High Court Dismisses Appeal in Specific Performance and Easement Case — Plaintiff Fails to Prove Right of Way. Court holds that permissive user does not create easement of necessity or prescriptive easement under Indian Easements Act, 1882.

The appellant, Smt. Shalini Laxman Wadnerkar, as the sole surviving legal representative of the original plaintiff G.G. Suvarnapathak, appealed agains...