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Karnataka High Court Dismisses Petition Challenging Demolition of Heritage Market Buildings. Heritage Classification Does Not Bar Demolition for Public Safety Under Section 2(1ea) of Karnataka Town and Country Planning Act, 1961.

The petitioners, residents of Mysuru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respond...

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Bombay High Court Allows Appeal Against Rejection of Temporary Injunction in Suit for Specific Performance and Injunction — Prima Facie Case and Balance of Convenience Found in Favor of Appellants.

The appellants, who are the plaintiffs in the suit, filed an appeal against the order of the trial court rejecting their application for temporary inj...

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Bombay High Court Dismisses Tenant's Petition in Eviction Case Under Bombay Rent Act for Encroachment and Change of User. Concurrent findings of fact on grounds under Section 13(1)(c) and Section 13(1)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1974 upheld.

The petitioner, Laxmibai Ganpati Bhingare, was the tenant of an open plot admeasuring 30 sq.ft x 20 sq.ft in Sangli, owned by the respondent, Shivaji ...

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High Court of Bombay at Goa Sets Aside Cancellation of Shack Allotment for Violation of Natural Justice. Petitioner's Shack Allotment Cancelled Without Proper Show Cause Notice or Opportunity of Hearing Under Tourism Shack Policy 2016-19.

The petitioner, Luis Diago D'Souza, was allotted a beach shack under the Tourism Shack Policy 2016-19. Respondent No.3, Gabriel Fernandes, filed a com...

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Bombay High Court Allows PIL Against Unauthorized Construction on Communidade Land for Sunburn Festival. Court Orders Demolition and Restoration, Holding That Communidade Land Is Public Trust and Cannot Be Used Without Valid Permissions.

The petitioner, a social activist, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the unauthorized construction of...

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Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

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Bombay High Court Allows Appeals of Tenants Against MHADA in Slum Rehabilitation Disputes — Held That Tenants in Possession Before Cut-Off Date Are Entitled to Rehabilitation Under Section 3(1) of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

The judgment involves multiple appeals filed by tenants against the Maharashtra Housing Area Development Authority (MHADA) concerning slum rehabilitat...