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Supreme Court Addresses Constitutional Balance Between Forest Conservation and Human Rights in Assam Reserved Forest Encroachment Case -- Eviction Notices Challenged on Grounds of Arbitrariness and Violation of Natural Justice

The Supreme Court addressed multiple appeals and writ petitions challenging eviction notices issued by the Assam Forest Department to residents of vil...

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High Court of Karnataka Quashes Transfer Order in Land Grabbing Case — Civil Court Retains Jurisdiction Over Title Suit. Section 20 of Karnataka Land Grabbing Prohibition Act, 2011 Does Not Mandate Transfer of Suit Where No Land Grabbing Allegation is Made by Government.

The petitioner, Joseph Saldhana, filed a writ petition challenging the order dated 30.10.2018 passed by the 1st Additional Civil Judge, Mangaluru, in ...

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Bombay High Court Dismisses Municipal Corporation's Appeal, Upholds Injunction Against Demolition Without Due Process. Municipal Corporation Cannot Demolish Premises Without Following Procedure Under Section 478 of Bombay Provincial Municipal Corporation Act, 1949.

The appellant, Kalyan Dombivli Municipal Corporation, was the original defendant in a suit filed by the respondent, Tukaram Muttappa Pai, who had purc...

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Bombay High Court Quashes Eviction Orders Against Tenant in Public Premises Act Case — Estate Officer Lacks Jurisdiction Over Genuine Tenancy Dispute. Lawful Tenant Cannot Be Evicted Under Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Dispute Must Be Adjudicated by Civil Court.

The petitioner, Nusli Neville Wadia, was a lawful monthly tenant of Flat No.B/27 at Mayfair Gardens, Malabar Hill, Mumbai, since 1 October 1972, payin...

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Bombay High Court Dismisses Petition Challenging Eviction of Unauthorised Occupant from Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing unauthorised constructions as it is procedural in nature.

The petitioner, Bharat Purohit Mithaiwala, challenged an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premises (Evicti...

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Bombay High Court Allows Appeals of Tenants Against MHADA in Slum Rehabilitation Disputes — Held That Tenants in Possession Before Cut-Off Date Are Entitled to Rehabilitation Under Section 3(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The judgment involves multiple appeals filed by tenants against the Maharashtra Housing Area Development Authority (MHADA) concerning slum rehabilitat...