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Bombay High Court Dismisses PIL Challenging Building Construction Permissions as Barred by Res Judicata and Laches. The Court held that the petitioners had previously litigated the same issues and obtained no relief, and the PIL was filed after substantial construction had already been completed.

The Altamount Road Area Citizens Committee and another petitioner filed a Public Interest Litigation (PIL) before the Bombay High Court challenging th...

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WRIT PETITION NO.477 OF 2025

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Bombay High Court Dismisses Petitions by Tenants Challenging Redevelopment of Dilapidated Building. Tenants' objections under DCPR 2034 rejected as redevelopment was approved by majority and TAC.

The Bombay High Court dismissed seven writ petitions filed by tenants of a building named 'Haji Manzil' located in Bandra, Mumbai. The building, const...

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Bombay High Court Allows Petition Challenging MCZMA's Refusal of CRZ Clearance for Occupancy Certificate. MCZMA cannot refuse clearance on ground of mismatch between DCR 1991 and DCR 1967 when construction was lawfully permitted under DCR 1991.

The petitioner, MRK Enterprises, a partnership firm, owned a property known as 'Amir House' at Colaba, Mumbai. The petitioner sought a Coastal Zone Re...

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Bombay High Court Quashes Acquisition Order Under MHADA Act Due to Non-Compliance and Delay. Land Acquisition Proposal Sanctioned in 2006 Set Aside as Authority Failed to Complete Acquisition Within Reasonable Period, Rendering the Order Unenforceable.

The petitioners, H.I.M.S. Botawala Charities (a public charitable trust) and another, filed a writ petition under Article 226 of the Constitution of I...

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Bombay High Court Quashes MHADA Order in Redevelopment Dispute — Upholds Developer's Right to Fair Hearing. Section 95A of MHADA Act, 1976 Requires Compliance with Natural Justice Before Revoking Development Rights.

The petitioners, M/s Darshan Jayant Builders (a partnership firm) and its partner Pritesh M. Jain, filed a writ petition under Article 226 of the Cons...

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Bombay High Court Allows Appeal in Specific Performance Suit — Injunction Granted Against Alienation of Property. Development Agreement for Cessed Building Confers Prima Facie Rights; Balance of Convenience Favors Developer.

The appeal arises from an order of a learned Single Judge declining relief in a Notice of Motion taken out by the appellants in a suit for specific pe...

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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Landlord's Challenge to Cancellation of NOC for Redevelopment Due to Misrepresentation of Tenant Status. Landlord's Failure to Disclose Correct Residential Status of Tenants Renders Permission Void Ab Initio Under DCR 33(7) and MHADA Act.

The petitioners, Dahyabhai Papers & Boards Pvt. Ltd. and another, owned a dilapidated cessed building in Mumbai. They applied for redevelopment under ...