Search Results for "Section 351 BMC Act"

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Search Results for "Section 351 BMC Act"

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High Court

Bombay High Court Allows Owner's Impleadment in Tenant's Suit Challenging Municipal Notice Under Section 354A of MMC Act, 1888 — Owner Held Necessary Party as Decision Directly Affects Property Interest.

7 Mar 2018

The petitioner, M/s Mulraj Khatau and Sons Ltd., the owner of a suit property, filed a Chamber Summons under Order I Rule 10 of the Code of Civil Proc...

High Court

Bombay High Court Allows Appeal Against Demolition of Hutment in Housing Society Compound — Appellant Proves Possession Prior to Cut-off Date Under MMRDA Act. The court held that the appellant's possession since 1975 was protected under Section 53A of the Transfer of Property Act, 1882, and the demolition without notice was illegal.

15 Oct 2016

The appellant, originally the original plaintiff Nirmala Ramswaroop Makkar (since deceased, represented by heirs), filed a suit in the City Civil Cour...

High Court

Bombay High Court Dismisses Appeal Against BMC Demolition Notice Under Section 351 of MMC Act — No Interim Relief for Unauthorized Structure Occupant. Tenancy Agreement from 1962 Does Not Confer Right to Continue Occupation After Notice Under Section 351 of the Mumbai Municipal Corporation Act, 1888.

29 Sep 2016

The appellant, Michael Mascarenhas, filed an appeal challenging an order dated 30.07.2016 passed by the City Civil Court, Dindoshi, Mumbai, which reje...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

26 Sep 2016

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...

High Court

Bombay High Court Issues Rule in PIL Challenging Denial of Water Supply to Illegal Slums in Mumbai. The petition challenges Government Circular dated 4th March 1996 directing no water supply to unauthorized constructions, raising issues of right to water and slum protection under Maharashtra Slum Areas Act, 1971.

15 Dec 2014

The Bombay High Court was hearing a Public Interest Litigation (PIL) filed by Pani Haq Samiti and others against the Brihan Mumbai Municipal Corporati...

High Court

Bombay High Court Dismisses Tenant's Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Shop Structure. Tenant Failed to Prove Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, and Withdrawal of Earlier Notice Did Not Bar Fresh Action.

23 Sep 2013

The appellant, Maneklal N. Shah alias Kothari, was the original plaintiff in a suit filed against the Municipal Corporation of Greater Bombay (respond...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

28 Jun 2006

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

High Court

Bombay High Court Allows Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction — Notice Under Section 351 of BMC Act, 1888 Set Aside for Non-Compliance with Natural Justice. The court held that the impugned letter rejecting the appellant's reply was not a final order and that the appellant was entitled to a hearing before any adverse action.

22 Feb 2005

The appellant, Pravin Jagdish Bhargav, filed a suit challenging a letter dated 30th January 1995 from the Deputy Municipal Commissioner, Zone-III, of ...

High Court

Bombay High Court Allows Appeal Against Rejection of Ad-Interim Injunction in Municipal Demolition Case — Held That Notice Under Section 351 of BMC Act Must Specify Exact Construction Alleged to Be Unauthorized. Vague Notice Regarding Godown No.8 Cannot Justify Demolition Without Opportunity to Show Authorization.

8 Feb 2005

The appellant, Afroze A. Shaikh, filed a suit challenging a notice under Section 351 of the Bombay Municipal Corporation Act, 1888 issued by the Munic...

High Court

Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

3 Feb 2005

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...

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