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High Court of Bombay at Goa Dismisses Petition Challenging Panchayat Order for Demolition of Toilet Constructed on Common Well. Construction of Toilet and Septic Tank on a Common Well Without Permission Violates Panchayat Raj Act, 1994 and Public Health Norms.

The petitioner, Milagrina D'Mello, and the first respondent, John Gonsalves, are neighbours sharing a common well on the boundary of their properties....

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Bombay High Court Upholds Environmental Protection in Public Interest Litigation Regarding Construction on Agricultural Land. Court Directs Demolition of Unauthorized Structures and Restoration of Land to Original Condition Under Maharashtra Agricultural Universities Act, 1983 and Environmental Laws.

The Bombay High Court, Nagpur Bench, disposed of a Public Interest Litigation (PIL No. 34/2010) initiated suo motu by the court and a connected Writ P...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Extensions in Commercial Premises. Petitioners Failed to Show Any Sanctioned Plan or Permission for Structures on Compulsory Open Space Under Section 55 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, occupants and owners of shops in Dattani Shopping Centre, Mumbai, challenged an order dated 14 January 2011 passed by the Assistant M...

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Bombay High Court Dismisses Municipal Corporation's Appeal, Upholds Injunction Against Demolition Without Due Process. Municipal Corporation Cannot Demolish Premises Without Following Procedure Under Section 478 of Bombay Provincial Municipal Corporation Act, 1949.

The appellant, Kalyan Dombivli Municipal Corporation, was the original defendant in a suit filed by the respondent, Tukaram Muttappa Pai, who had purc...

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Bombay High Court Dismisses Challenge to Eviction Order Under Public Premises Act — Unauthorised Construction on Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing structures as it is procedural and not retrospective in operation.

The petitioner, C. Muthuswami, filed a writ petition challenging an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premi...

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Bombay High Court Allows Municipal Corporation's Appeals in Encroachment Dispute, Holding Civil Court Lacks Jurisdiction. Shopkeepers' Suits for Declaration of Title and Injunction Dismissed as Property Vested in Corporation Under Bombay Municipal Corporation Act, 1888.

The Municipal Corporation of Greater Mumbai and its Assistant Municipal Commissioner filed appeals against an interim order passed by the City Civil C...