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Madras High Court Dismisses Builder's Challenge to Demolition Notice for Unauthorized Construction in Chennai. Court Holds Regularization is Not an Absolute Right; Unauthorized Commercial Floors Constructed Beyond Approved Plan Must Be Demolished Under Tamil Nadu Town and Country Planning Act.

The petitioner, a construction company, challenged a removal notice issued by the Chennai Metropolitan Development Authority (CMDA) dated 28.11.2023, ...

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High Court of Karnataka Quashes Stamp Duty Demand on Development Agreement — Karnataka Appellate Tribunal's Order Set Aside for Lack of Proper Consideration of Evidence and Non-Application of Mind to the Definition of 'Conveyance' Under the Karnataka Stamp Act, 1957.

The petitioners, M/s. Motwani Builders and M/s. B. Alim Builders, filed writ petitions under Articles 226 and 227 of the Constitution of India challen...

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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

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High Court of Judicature at Bombay Hears Cross Appeals Against Temporary Injunction Order in Suit by Co-operative Housing Society. Developer and Land Owner Challenge Order Restraining Construction and Use of FSI in Suit Alleging Breach of Development Obligations.

The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer...

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Bombay High Court Decides Challenge to SRA Order Approving Termination of Development Agreement and Appointment of New Developer. The Court examined the legality of the order under Section 13 of the Maharashtra Slum Areas Act, 1971, and the requirement of fair hearing.

The petitioner, Shivkupa Builders & Developers, a partnership firm, filed a writ petition challenging the order dated 14 October 2009 passed by the Ch...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...