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Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

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High Court of Bombay at Goa Considers Challenge to MoEF Notification Transferring NGT Jurisdiction Over Goa Matters to Delhi Principal Bench. The Court Examines Legality of Transfer Without Public Consultation and Lack of Alternative Arrangements Under NGT Act.

The High Court of Bombay at Goa took suo motu cognizance on 21st August 2017 upon learning of a notification by the Ministry of Environment, Forest an...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Bombay High Court Dismisses Second Appeal in Easement of Way Claim — Concurrent Findings of Fact Not Disturbed. Prescriptive Easement Claim Fails as Plaintiff Failed to Prove User as of Right for 20 Years Under Section 15 of the Easements Act, 1882.

The appellant, original plaintiff, filed a suit seeking a declaration of easement of way by prescription over a motorable access running through the d...

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Bombay High Court at Goa Allows Revision Petition in Section 133 CrPC Right of Way Dispute. Dispute over easementary rights between Mundkars held to be of civil nature, not amenable to summary proceedings under Section 133 CrPC.

The case involves a criminal revision petition filed by Shri Laxman alias Bala Govekar (petitioner) against an order of the learned Sessions Judge, Ma...

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Bombay High Court Allows Second Appeal in Easement Case — Right of Way Established by Prescription. Plaintiffs' claim for easement of necessity fails due to alternative access, but right of way by prescription under Section 15 of Easements Act, 1882 is upheld based on 20 years of uninterrupted user.

The case involves a dispute over a right of way between two branches of the same family. The plaintiffs, Laxman Sagun Vaigankar and Sitabai Sitaram Va...