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Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

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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 Condemns Demolition by Municipal Corporation Under Guise of DCPR 2034 Redevelopment Scheme. Appeal from Order Dismisses Demolition as High-handed and Illegal Under Regulation 33(9) of Development Control and Promotion Regulation 2034.

The matter pertains to an appeal from order filed by M/s. Mehta & Co., a partnership firm through its partner Mr. Adarsh Varma, as original plaintiff,...

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice Under Section 351 of MMC Act — No Interim Relief for Unauthorized Structure Occupant. Tenancy Agreement from 1962 Does Not Confer Right to Continue Occupation After Notice Under Section 351 of the Mumbai Municipal Corporation Act, 1888.

The appellant, Michael Mascarenhas, filed an appeal challenging an order dated 30.07.2016 passed by the City Civil Court, Dindoshi, Mumbai, which reje...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorised Construction in Red Zone — Deemed Sanction Under Section 238(6) of Cantonments Act, 2006 Not Available Where Initial Construction Was Illegal and Application Was Not Validly Pursued.

The petitioner, Lekha Ali Shaikh, owned a plot of land in Dehu Road Cantonment, Pune. In 2009, she constructed a 750 sq.ft structure without obtaining...

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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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Bombay High Court Addresses Rampant Illegal Hoardings by Political and Religious Entities Across Maharashtra. Court Interprets Definition of Skysign and Requirement of Written Permission Under Maharashtra Municipal Corporations Act, 1949.

The High Court of Judicature at Bombay was seized with a group of Public Interest Litigations and Writ Petitions raising serious concerns regarding th...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area.

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by th...