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Search Results for "construction demolition"

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High Court

High Court of Karnataka Quashes Demolition Order in Deemed License Case — Failure to Decide Application Within Time Results in Deemed Grant Under Karnataka Municipal Corporations Act, 1976. The Court held that the Corporation's inaction for over a year led to automatic grant of building license, and the demolition order without notice was illegal.

20 Dec 2021

The petitioner, a resident of Shimogga, owned a site and applied for a building license on 13.11.2020. The Corporation failed to decide the applicatio...

Supreme Court

Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

24 Oct 2019

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control and Municipal Demolition Case, Upholding Tenant's Statutory Protection and Damages Award. The Court affirmed that statutory protection under the Karnataka Rent Control Act, 1961 overrides municipal demolition powers under the Karnataka Municipal Corporations Act, 1976, and that the tenant's suit for damages was not barred under Order II Rule 2 of the Code of Civil Procedure, 1908.

14 Sep 2021

The dispute originated from the demolition of a rented building by the Bangalore City Corporation, leading to litigation between the tenant and the la...

High Court

Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

27 Apr 2005

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

Supreme Court

Supreme Court Upholds High Court Decision Quashing Labour Cess Demand Under Building and Other Construction Workers' Welfare Cess Act, 1996. The Court held that the cess demand was invalid as the contract work did not constitute 'building or other construction work' under Section 2(1)(d) of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, and the levy under Sections 3(1) and (2) of the Cess Act was not applicable.

12 May 2021

The Supreme Court of India, in a civil appellate jurisdiction, addressed a special leave petition under Article 136 of the Constitution of India. The ...

High Court

Bombay High Court Allows Writ Petition Seeking Demolition of Illegal Construction in Streamlet Under Maharashtra Municipal Councils Act, 1965. Court Directs Municipal Council to Act Independently of Tahsildar's Letter and Enforce Law Against Unauthorized Building.

26 Apr 2019

The petitioner, Kalidas Bhagwantrao Wadekar, a resident of Chakan, filed a writ petition under Article 226 of the Constitution of India seeking a dire...

Supreme Court

Supreme Court Allows Appeal in Municipal Demolition Case — High Court Cannot Direct Reconstruction of Demolished Structure. The court held that the power to demolish illegal structures is vested in the municipal corporation and courts cannot direct reconstruction even if procedure was violated.

24 Oct 2019

The case involves appeals by the Municipal Corporation of Greater Mumbai against a High Court order directing reconstruction of a demolished structure...

High Court

Bombay High Court Allows Petitions Challenging Demolition of Shops Without Notice Under Section 169 of Maharashtra Municipal Corporation Act, 1949 — Violation of Natural Justice and Statutory Procedure. The court held that demolition without prior notice under Section 169 is illegal and directed restoration of shops.

4 Jul 2018

The judgment concerns two writ petitions filed by Jaiprakash Vishwanath Jaiswal and Soti Lal Barsati Gupta against the Municipal Corporation of Kalyan...

High Court

Bombay High Court Allows Public Interest Litigation Against Nashik Municipal Corporation for Non-Compliance with Government Resolution on Religious Structures. Court Directs Publication of List of Religious Shrines Before Demolition to Ensure Natural Justice Under Government Resolution dated 5/5/2011.

1 Nov 2018

The petitioners, public-spirited residents of Nashik, filed a Public Interest Litigation seeking directions to the Nashik Municipal Corporation (respo...

High Court

Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

16 Sep 2005

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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