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Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

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Bombay High Court Dismisses Official Trustee's Petition Seeking Restriction of FSI in Trust Property Development. Consent Order Did Not Limit FSI to 2294 Sq.Ft. as Claimed by Petitioner.

The Official Trustee, Maharashtra State, filed a petition seeking directions and clarification of an order dated 8.8.1997 passed in Trust Petition No....

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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 Dismisses PIL Challenging Construction of 38-Story Building in Cuffe Parade, Mumbai, Holding No Violation of CRZ Norms or FSI Regulations. The court found that the building was not located on a CRZ-I area and that the FSI granted was within permissible limits under DCR 58.

The petitioners, comprising residents' associations and trusts, filed a Public Interest Litigation challenging the construction of a 38-story building...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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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.

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...

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Bombay High Court Dismisses PIL Challenging Building Construction Permissions as Barred by Res Judicata and Laches. The Court held that the petitioners had previously litigated the same issues and obtained no relief, and the PIL was filed after substantial construction had already been completed.

The Altamount Road Area Citizens Committee and another petitioner filed a Public Interest Litigation (PIL) before the Bombay High Court challenging th...