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Search Results for "demolition complaint"

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High Court

Bombay High Court Allows Petition Challenging Municipal Notice for Building Repairs Under Section 264 of Maharashtra Municipal Corporations Act, 1949. Court Holds That Notice Must Be Issued to the Owner of the Property and Not to a Person in Occupation Without Ownership Rights.

11 Jul 2023

The petitioner, Niraj Krishnakumar Sharma, filed a writ petition before the Bombay High Court at Nagpur challenging a notice dated 16.11.2022 issued b...

High Court

Bombay High Court Dismisses PIL as Abuse of Process, Imposes Costs for Misusing Public Interest Litigation Jurisdiction to Serve Vested Interests. The Court found that the petitioner, under the guise of environmental protection, sought demolition of a Koli community crematorium on Erangal Beach, Malad, which was already achieved by the time of hearing, and the petition was motivated by extraneous considerations.

29 Sep 2022

The Bombay High Court dismissed a Public Interest Litigation (PIL) filed by Chetan Kodarlal Vyas, finding it to be an abuse of the PIL jurisdiction. T...

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 Dismisses Petition Challenging Demolition Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 — Building Declared Dangerous and in Ruinous Condition. Court Held That Occupants Cannot Resist Demolition of Unsafe Building on Grounds of Pending Redevelopment or Ownership Claims.

22 Aug 2019

The petitioners, three occupants of a building called New Kisant Cooperative Housing Society in Mazgaon, Mumbai, challenged a notice dated 3rd July 20...

High Court

Bombay High Court Allows Writ Petition Seeking Demolition of Illegal Construction in Streamlet Under Maharashtra Municipal Councils Act, 1965. Court Directs Municipal Council to Act Independently of Tahsildar's Letter and Enforce Law Against Unauthorized Building.

26 Apr 2019

The petitioner, Kalidas Bhagwantrao Wadekar, a resident of Chakan, filed a writ petition under Article 226 of the Constitution of India seeking a dire...

High Court

Bombay High Court Allows Petitions Challenging Demolition of Shops Without Notice Under Section 169 of Maharashtra Municipal Corporation Act, 1949 — Violation of Natural Justice and Statutory Procedure. The court held that demolition without prior notice under Section 169 is illegal and directed restoration of shops.

4 Jul 2018

The judgment concerns two writ petitions filed by Jaiprakash Vishwanath Jaiswal and Soti Lal Barsati Gupta against the Municipal Corporation of Kalyan...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Demolition Order by Village Panchayat — Violation of Natural Justice and Lack of Hearing. Demolition order set aside as panchayat failed to provide opportunity of hearing before directing demolition of structure under Section 135 of the Goa Panchayat Raj Act, 1994.

7 Jun 2018

The petitioners, legal heirs of Smt. Maria Quiteria Rodrigues, filed a writ petition challenging a demolition order dated 30th June 2017 passed by the...

High Court

Bombay High Court Dismisses Petition for CBI Investigation in Demolition Deaths Case — No Grounds for Transfer of Investigation Established. Petition under Articles 226 and 227 of Constitution read with Section 482 CrPC seeking quashing of FIR and transfer of investigation to CBI dismissed as lacking merit.

8 Jan 2010

The petitioners, Abdul Aziz Mukadam and another, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India read with Sect...

High Court

Bombay High Court Allows Municipal Corporation's Appeal and Dismisses Plaintiff's Appeal in Demolition of Unauthorized Footpath Stall Case. Court holds that a person occupying public footpath without valid authorization is a trespasser and cannot claim protection of principles of natural justice before demolition.

21 Aug 2006

The plaintiff, Vasant Marappa Shetty, was carrying on business in a wooden stall admeasuring 2.28 meters situated on the footpath of RTO Lane Naka, Lo...

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