Search Results for "Demolition and Reconstruction"

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Search Results for "Demolition and Reconstruction"

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High Court

High Court of Karnataka Quashes Demolition Order in Deemed License Case — Failure to Decide Application Within Time Results in Deemed Grant Under Karnataka Municipal Corporations Act, 1976. The Court held that the Corporation's inaction for over a year led to automatic grant of building license, and the demolition order without notice was illegal.

20 Dec 2021

The petitioner, a resident of Shimogga, owned a site and applied for a building license on 13.11.2020. The Corporation failed to decide the applicatio...

High Court

Bombay High Court Holds Landlord Not Necessary Party in Tenant's Suit Against Corporation for Demolition. The test for necessary party under Order I Rule 10 CPC is whether the suit outcome affects the legal interest of the landlord, which is not satisfied when the tenant seeks to restrain demolition of the tenanted premises.

14 Dec 2021

The judgment involves four writ petitions where the common question is whether the owner/landlord of the suit premises is a necessary or proper party ...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of Mumbai Municipal Corporation Act, 1888. Court holds that prior permission of the Competent Authority under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is mandatory before demolition of a cessed building.

6 Sep 2019

The petitioners, tenants of a cessed building known as 'Shreeji Krupa' in Mumbai, filed a writ petition challenging the demolition of the building by ...

High Court

Bombay High Court Allows Tenants' Petition Against Demolition of Cessed Building Without Compliance with Section 354 of MMC Act and DCR 33(7) — Held that Municipal Corporation must follow statutory procedure before demolition of dilapidated buildings.

19 Aug 2019

The petitioners, tenants residing in a cessed building known as Martand Prasad Building in Malad (West), Mumbai, filed a writ petition challenging the...

High Court

Bombay High Court Allows Redevelopment of Co-operative Housing Society in CRZ-II Area Without Prior CRZ Clearance Under 2011 Notification — Stop Work Notice Quashed. The court held that para 8(iii) of the CRZ Notification 2011 permits redevelopment of existing authorized buildings in CRZ-II areas without prior CRZ clearance, and the stop work notice issued by MCZMA was invalid.

3 Sep 2014

The petitioner, Sea Green Co-operative Housing Society Ltd., is the lessee of land admeasuring approximately 1,672 sq. mtrs. in Worli, Mumbai, which f...

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 Section 9 Petition Seeking Appointment of Court Receiver for Possession of Flats for Demolition and Reconstruction. Court holds that disputes regarding redevelopment of a cooperative housing society are not arbitrable under the Arbitration and Conciliation Act, 1996, as they involve statutory rights and obligations under the Maharashtra Cooperative Societies Act, 1960.

18 Mar 2013

The petitioner, Bharat Infrastructure and Engineering Pvt. Ltd., a builder and developer, filed a petition under Section 9 of the Arbitration and Conc...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

Bombay High Court Dismisses PIL Against National Sports Club of India Construction, Upholding Environmental and Municipal Permissions. Court finds no violation of CRZ or heritage regulations and rejects allegations of illegal construction as motivated by private interests.

22 Dec 2011

The petitioner, Society for Promotion of Equality, Awareness and Rights (SPEAR), filed a Public Interest Litigation before the Bombay High Court seeki...

High Court

Bombay High Court Dismisses Petitions Challenging Development of Textile Mill Lands in Mumbai — Heritage Conservation and Public Interest Claims Rejected as Premature and Without Merit. The court held that no cause of action arises until a final decision is made by the Heritage Conservation Committee or other authorities.

5 May 2006

The Bombay High Court dismissed three notices of motion in a writ petition filed by the Indian National Trust for Art & Cultural Heritage (INTACH) and...

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