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Search Results for "demolition plan"

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High Court

Bombay High Court Dismisses Union of India's Petition Challenging Commencement Certificates for Construction Near Military Airbase. Court holds that mere proximity to a military airbase does not automatically invalidate building permissions, and that the petitioner failed to demonstrate any specific violation of the Aircraft Act, 1934 or the Works of Defence Act, 1903.

23 Oct 2023

The Union of India, through the Ministry of Defence, filed a writ petition before the Bombay High Court seeking quashing of Commencement Certificates ...

High Court

Bombay High Court Allows Demolition of Illegal Construction on Gaothan Land in Cross Writ Petitions Between Trust and Corporation. Court holds that construction without valid building permission and in violation of development plan is illegal and liable for demolition under Section 351 of the Mumbai Municipal Corporation Act, 1888.

19 Jul 2023

The Bombay High Court dealt with two cross writ petitions: Writ Petition No.655 of 2021 filed by Our Lady of Dolours School Trust against the Municipa...

High Court

Bombay High Court Allows Hospital to Set Up Oxygen Generation Plant in Municipal Garden During COVID-19 Pandemic. Public Interest in Saving Lives Overrides Municipal Objection to Use of Public Garden for Life-Saving Facility.

21 Feb 2022

The petitioner, Viveka Super Specialty Hospital & Research Centre Private Limited, filed a writ petition seeking permission to set up an oxygen genera...

High Court

Bombay High Court Allows MCGM to Construct Public Toilet on Reserved Plot, Sets Aside Injunction. Trial Court's Interim Order Restraining Construction of Public Toilet on CTS No. 418 Was Passed Without Considering Statutory Reservation Under MRTP Act and DCR 33.

18 May 2021

The case involves an appeal by the Municipal Corporation of Greater Mumbai (Defendant No. 1) against an interim injunction granted by the City Civil C...

High Court

Bombay High Court Quashes Municipal Resolution and Restores Technical Clearance for Construction — Unilateral Withdrawal of Technical Clearance Without Hearing Violates Natural Justice. The court held that the Town and Country Planning Department could not keep its technical clearance in abeyance based on a municipal resolution without affording the petitioner an opportunity of hearing, and the municipal council had no jurisdiction to object to the technical clearance.

17 Jan 2020

The petitioner, Shri Shailesh Vernekar, is the owner of property bearing survey no.52/1-A at Chaudi, Canacona, Goa, where he proposed to put up constr...

High Court

High Court of Karnataka Directs Re-Hearing in PIL on Park Land Encroachment Due to Violation of Natural Justice. Undertakings Recorded for Park Development and Slum Rehabilitation Under Karnataka Slum Areas Act; Review Petitions Allowed, Matter Restored for Fresh Adjudication.

21 Dec 2018

The petitioner, a federation of residents' welfare associations, filed a public interest litigation in 2006 alleging encroachment on approximately 3 a...

High Court

Bombay High Court Dismisses Landlord's Second Appeal, Upholds Tenant's Right to New Premises Despite Demolition of Old Shop. Tenancy Rights Were Held Not to Be Terminated by Demolition, and Doctrine of Frustration Under Section 56 of Indian Contract Act Was Inapplicable.

30 Oct 2017

This second appeal arose from a civil suit filed by the respondent-plaintiff, a tenant in a shop block owned by the appellant-landlord. The parties ha...

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 Dismisses Appeal by Flat Purchasers Against Conveyance Deed — No Right to Challenge Vendor's Title. Flat purchasers cannot challenge a conveyance deed executed by the original owner in favor of a developer as they have no right to question the vendor's title under the Transfer of Property Act, 1882.

25 Mar 2010

The appellants, who are flat purchasers in a building, filed a suit seeking a declaration that a Deed of Conveyance dated 25th October 2004 executed b...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction in Municipal Demolition Case. Assessment of Property Tax Does Not Confer Legality on Unauthorised Construction Under Section 351 of Mumbai Municipal Corporation Act, 1888.

26 Sep 2006

The appellant, a tenant of a shop in Mumbai, filed an appeal against an order of the City Civil Court, Mumbai, refusing to grant ad interim injunction...

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