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Bombay High Court Allows Petition Against Unauthorized Construction and Inaction by Municipal Corporation — Directions Issued to MCGM to Act Within Four Weeks. Resident's Locus Standi Upheld Under Mumbai Municipal Corporation Act, 1888 Sections 351, 354, 355A, 488.

The petitioner, Dr. Rahul Jain, a resident of Borivali West, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging ...

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Bombay High Court Dismisses Petitions by Tenants Challenging Redevelopment of Dilapidated Building. Tenants' objections under DCPR 2034 rejected as redevelopment was approved by majority and TAC.

The Bombay High Court dismissed seven writ petitions filed by tenants of a building named 'Haji Manzil' located in Bandra, Mumbai. The building, const...

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Bombay High Court Dismisses Petition Challenging Notice for Unauthorized Commercial Construction Under Section 260(1) of MMC Act. Petitioner failed to produce any construction permission or approved plans for hotel, bakery, and other commercial units, leading to dismissal of writ petition.

The petitioner, Sakib Ayub Khan, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 21 February 2023 issu...

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Bombay High Court Allows Appointment of Arbitrator in Commercial Dispute Over Non-Payment and Failure to Issue Taking Over Certificate. Court holds that disputes regarding interim payment certificates and issuance of TOC are arbitrable under Section 11 of the Arbitration and Conciliation Act, 1996.

The applicants, BSI-JDN Joint Venture and others, filed four applications under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appo...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...

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Bombay High Court Dismisses Appeal in Property Dispute Against Municipal Corporation — Suit Barred by Limitation and Res Judicata. Claim for Declaration of Ownership and Injunction Fails as Plaintiff Failed to Prove Title and Suit Was Filed Beyond Limitation Period Under Limitation Act, 1963.

The appeal arises from a suit filed in 1979 by the original plaintiff, Motilal Mahadev Sharma, against the Municipal Corporation of Greater Bombay see...