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Search Results for "MRTP Act"

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High Court

Bombay High Court Dismisses Petition Seeking Declaration of Lapsed Reservation Under MRTP Act — Purchase Notice Period Governed by Amended Section 127(1) as on Date of Notice, Not Date of Reservation Notification. The court held that the amended period of 24 months applies to a purchase notice issued after the amendment, and the petition was premature.

5 Mar 2025

The petitioners, owners of land bearing Survey No.34/3/5/2 at Village Ambegaon, Budruk, Pune, sought a declaration that the reservation of their land ...

High Court

Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

18 Jun 2024

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...

High Court

Bombay High Court Directs Municipal Corporation to Follow 2013 Act for Land Acquisition When Owner Refuses TDR. Land Reserved for Public Purpose Under MRTP Act Cannot Be Acquired by Compelling TDR; Authority Must Initiate Acquisition Under 2013 Act if Owner Refuses TDR.

1 Jan 2024

The petitioner, a Public Charitable Trust, owned land bearing CTS No.216(pt) and CTS No.190 in Village Mandapeshwar, Borivali, Mumbai. The land was re...

High Court

Bombay High Court Quashes BMC Demolition Order for Violation of Natural Justice. Petitioners' structure demolished without notice under Section 354 of the Mumbai Municipal Corporation Act, 1888, and court orders restoration.

8 Sep 2023

The petitioners, occupiers of a plot of land in Jogeshwari, Mumbai, challenged an order dated 15 June 2023 passed by the Executive Engineer of the Bri...

High Court

Bombay High Court Allows Writ Petition on Lapsing of Reservation Under Section 127 of MRTP Act — Purchase Notice After Ten Years from Final Development Plan but Before Ten Years from Revised Development Plan Triggers Lapsing of Reservation. The Court held that the period of ten years for serving a purchase notice under Section 127 is to be reckoned from the date of the final development plan, not the revised development plan.

4 May 2023

The petitioners, owners of land in Mohpa, Nagpur, filed a writ petition challenging the continued reservation of their land for a weekly market and sh...

High Court

Bombay High Court Allows Developer's Writ Petition for TDR Against Construction of Development Plan Road. Municipal Corporation's Rejection of TDR Application Set Aside as Unreasonable and Contrary to Development Control Regulations.

15 Mar 2019

The petitioner, M/s. Siddhi Real Estate Developers, a partnership firm, constructed a development plan road at its own cost within the limits of Thane...

High Court

Bombay High Court Considers Petition Challenging Construction of Shopping Complex Within Prohibited Highway Area; Directions for Demolition Sought by Shirdi Councillors Based on Violation of Building Bye-Law and Lack of No-Objection Certificate.

20 Dec 2017

The writ petition concerns a challenge to the construction of a shopping complex on land bearing survey no. 170/A2/1 abutting the Nagar-Manmad highway...

High Court

Bombay High Court Dismisses PIL Challenging Construction as Not Maintainable Due to Personal Interest and Availability of Alternative Remedy. Petitioner failed to disclose pendency of civil suit and lacked bona fide public interest, making PIL an abuse of process.

28 Jun 2017

The petitioner, Sharad Nago Chinawale, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Court,...

High Court

Bombay High Court Dismisses Contempt Petitions Against Municipal Commissioner in MRTP Act and BMC Act Notice Case — No Willful Disobedience Found as Notices Were Only Precursory Steps, Not Demolition.

25 Aug 2016

The petitioners, owners of flats in a cooperative housing society, had covered their terraces with asbestos sheets. The Municipal Corporation issued a...

High Court

Bombay High Court Allows Second Appeal in MRTP Act Case — Notice Under Section 53(1) Challenged as Nullity for Shortfall in Statutory Period. Bar Under Section 149 of Maharashtra Regional and Town Planning Act, 1966 Does Not Apply When Notice Itself Is Invalid for Non-Compliance with Mandatory Period.

20 Jan 2015

The appellant, Kishor S/o Ramalu @ Rambhau Telang, was the original plaintiff who received a notice dated 18.11.2010 under Section 53(1) of the Mahara...

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