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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.

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

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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.

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

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Supreme Court Allows Appeal in Santiniketan Construction Case - Appellants Wins Against Demolition Order - High Court's Direction for Demolition and Compensation Set Aside

The Supreme Court allowed the appeals filed by Appellants challenging the High Court's order directing demolition of their building in Santiniketan ar...

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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.

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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Bombay High Court Dismisses Writ Petition Challenging Part Occupation Certificate for Building Height Violation. Flat Purchasers Cannot Seek Revocation of Occupation Certificate as They Have Alternative Remedy Under RERA and No Vested Right to Challenge Planning Permissions.

The petitioners, Sanjay Phulwaria and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

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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.

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...

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Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings.

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the...

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Supreme Court Dismisses Appeals by Nagpur Improvement Trust Challenging High Court Order Setting Aside Demolition Notice. Internal Road Not Shown in Development Plan Under MRTP Act Cannot Be Implemented Despite Earlier Scheme Under NIT Act.

The case involves a dispute over a 15-metre internal road proposed under a Town Planning Scheme (the 'Abhyankar Road Widening and Buty Mahal Street Sc...