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High Court of Karnataka Dismisses Appeal Against Cancellation of Allotment for Non-Construction of School Building Within Stipulated Period. Conditional Sale Deed Rescinded Due to Failure to Fulfill Condition Precedent of Construction Within 5 Years.

The appellant, M/S Divyajyothi Vidya Kendra, a society registered under the Karnataka Society Registration Act, 1960, was allotted a civic amenity sit...

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Bombay High Court Allows Petition Challenging SEIAA's Deferral of Environmental Clearance Based on NGT Judgment. SEIAA Must Independently Apply Mind to Each Proposal and Cannot Mechanically Defer Decisions Due to NGT's Order on Recreational Ground.

The Petitioner No.1, NAREDCO West Foundation, is the Maharashtra chapter of the National Real Estate Development Council, representing over 400 real e...

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Bombay High Court Allows TDR Claim for Surrendered DP Road Land Despite No-Objection Condition. Transferable Development Rights cannot be denied merely because surrender was a condition of permission; entitlement arises from statutory scheme under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Nirmal Ujwal Credit Cooperative Society, challenged a communication dated 22.09.2014 from the Nagpur Municipal Corporation (Planning A...

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High Court of Karnataka Enhances Compensation for Injured Claimants in Motor Vehicle Accident Case — Apportionment of Liability Between Owner and Insurer Upheld. Claimants awarded enhanced compensation for injuries sustained in a road accident under Section 173(1) of the Motor Vehicles Act, 1988.

The case involves multiple miscellaneous first appeals filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award date...

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Bombay High Court Dismisses PIL Challenging Development Right Certificate Issued to Developer. Court holds that issuance of DRC under MRTP Act was valid and no loss to public exchequer was caused.

The petitioner, Mr. Manoj Jaswantlal Kapadia, filed a Public Interest Litigation before the Bombay High Court challenging the issuance of a Developmen...

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Bombay High Court Dismisses PIL Challenging Lease of Wankhede Stadium to Mumbai Cricket Association. Court holds that lease of public property at nominal rent for promoting sports is not arbitrary and is a valid policy decision.

The petitioners, including Aam Aadmi Party and individuals, filed a Public Interest Litigation under Article 226 of the Constitution of India challeng...

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Bombay High Court Dismisses Petition Challenging Validity of MRTP Act Provisions. Court holds that Sections 49(7) and 127 of Maharashtra Regional and Town Planning Act, 1966 are constitutionally valid and not ultra vires Articles 14, 19(1)(g), 21, 21A, 47 and 243(w).

The petitioners, Chalisgaon Municipal Council and a resident, filed a writ petition under Article 226 of the Constitution challenging the constitution...

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Bombay High Court Dismisses Petition Challenging Height Restriction on Multi-Storied Parking Lots Under DCR 33(24). State Government's Power to Modify Development Control Regulations Under Section 37 of MRTP Act, 1966 Upheld — No Vested Right in Unamended Regulation.

The petitioners, claiming ownership of a plot in Tardeo, Mumbai, challenged a decision of the Municipal Corporation of Greater Mumbai contained in a l...

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Bombay High Court Allows Petition in Cooperative Housing Society Dispute — Developer Directed to Pay Occupation Charges and Hand Over Possession of Amenity Space. Society's claim for amenity space upheld under Maharashtra Cooperative Societies Act, 1960 and Development Control Regulations.

The petitioner, Shivraj Nagar Co-op. Hsg. Soc. Ltd., a cooperative housing society, filed a writ petition against the developer, M/s. Mexttech Realty ...