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High Court

Bombay High Court Dismisses Section 9 Petition Seeking Appointment of Court Receiver for Possession of Flats for Demolition and Reconstruction. Court holds that disputes regarding redevelopment of a cooperative housing society are not arbitrable under the Arbitration and Conciliation Act, 1996, as they involve statutory rights and obligations under the Maharashtra Cooperative Societies Act, 1960.

18 Mar 2013

The petitioner, Bharat Infrastructure and Engineering Pvt. Ltd., a builder and developer, filed a petition under Section 9 of the Arbitration and Conc...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition for Appointment of Court Receiver in Redevelopment Dispute. Court holds that disputes regarding possession of flats by dissenting members are not arbitrable under the agreement and that the developer failed to establish a prima facie case for interim relief.

10 Feb 2016

The petitioner, Aditya Developers, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment of a Court Rece...

High Court

Bombay High Court Dismisses Writ Petition Challenging Demolition of Irani Chawl Structures as Unauthorized Construction. Court upholds demolition by Municipal Corporation under Section 53 of the Maharashtra Regional and Town Planning Act, 1966, finding no violation of natural justice as notice was affixed and opportunity of hearing was given.

30 Nov -0001

The petitioners, residents of Irani Chawl, Prabhadevi, Mumbai, filed a writ petition challenging the demolition of their structures by the Municipal C...

High Court

High Court of Bombay Dismisses Interim Applications in Property Assignment and Supplemental Agreement Dispute. The court held that an unregistered supplemental agreement cannot modify a registered deed of assignment and was frustrated due to non-fulfillment of conditions, while the plaintiff's rights under the assignment were upheld.

4 Mar 2026

The dispute arose between Applicant (Plaintiff) and (Defendant No.1) over a property assignment. On 20.11.2012, Defendant No.1 executed a registered D...

High Court

Bombay High Court Upholds Appointment of Court Receiver in Redevelopment Dispute Between Society, Developer, and Occupants. Court Directs Handover of Possession Subject to Payment of Compensation Under Development Agreement.

10 Jul 2015

The appeal arose from a judgment of a learned Single Judge appointing the Court Receiver as Receiver of two flats occupied by the appellants and direc...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Clause 10(a) of Appendix III under DCR 33(7) for Redevelopment of Cessed Properties. The Court held that the requirement of 70% consent of occupants is a reasonable restriction and not violative of fundamental rights under Articles 14, 19(1)(g) and 300A of the Constitution.

20 Mar 2013

The petitioners, M/s. J. Gala Enterprises and its partner, purchased a property in 1992 comprising cessed and non-cessed structures with about 220 fam...

High Court

Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

30 Jul 2019

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

Bombay High Court Dismisses Petition Challenging Eviction Orders in Redevelopment Project Under DCR 33(7). Petitioners offered alternative accommodation on same land but challenged eviction notices; court held that once consent is given for redevelopment, eviction is lawful and challenge is not maintainable.

6 Feb 2015

The petitioners, Vijay Shantaram Mandavkar and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

Bombay High Court Dismisses Petitions Challenging Redevelopment Approval Under DCR 33(7) — Irrevocable Consents by Occupants Upheld. Court holds that once occupants have given unconditional irrevocable consents for redevelopment, they cannot subsequently withdraw or revoke them, and the High Power Committee's approval based on such consents is valid.

14 Jun 2012

The judgment concerns three writ petitions filed in the Bombay High Court challenging the proposed redevelopment of a plot of land admeasuring 3297.68...

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