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Supreme Court Upholds Interim Injunction in Property Dispute Based on Tenancy Act Certificate. Section 38E Certificate Under Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 Confers Ownership, Overriding Subsequent Transfers.

The respondent-plaintiff filed a suit for declaration of ownership, declaration that a Gift Settlement Deed dated 24.07.1987 in favour of the petition...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Allows Second Appeal in Fragmentation Act Case — Preferential Right of Contiguous Land Owner Upheld. Sale of Fragmented Land to Non-Contiguous Purchaser Violates Section 7 of Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

The appellant, Vilas Shivmurti Munde, filed a second appeal against the dismissal of his suit for declaration and injunction. The suit sought to decla...

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Bombay High Court Allows Petition Challenging Scrutiny Committee's Rejection of Halba Scheduled Tribe Claim. Court Holds That Documentary Evidence from 1923 Prevails Over Anthropological Texts, and Halba and Halbi Are the Same Tribe Under Entry 19 of the Constitution (Scheduled Tribes) Order, 1950.

The petitioner, Sanjay s/o Rama Nandanwar, challenged the order dated 31 July 2013 passed by the Scheduled Tribe Certificate Scrutiny Committee, Amrav...

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Bombay High Court Allows Petition Challenging Municipal Commissioner's Order Imposing Conditions on Building Permission. Held that conditions imposed after amalgamation and building permission were invalid as they were not part of the original sanction.

The petitioner, Glaxo Smithkline Pharmaceuticals Limited, was a lessee of two plots bearing plot Nos. 252 and 217 and 217A. On 15.9.1970, the petition...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Construction on Municipal Land. The court held that the petitioner had no legal right to the land and the demolition order was valid under the Mumbai Municipal Corporation Act, 1888.

The petitioner, Manish Estates Pvt. Ltd., filed a writ petition challenging the demolition order dated 6th October 2010 passed by the Deputy Chief Eng...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...