Search Results for "dilapidated structure"

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Search Results for "dilapidated structure"

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High Court

Bombay High Court, Nagpur Bench Considered Application Challenging Tahsildar's Demolition Order Under Section 133 CrPC — Interim Stay Granted Subject to Undertaking. Bench Discussed Summary Nature of Section 133 CrPC and Distinction Between Public and Private Nuisance While Examining Whether Landlord Misused Criminal Process for Civil Dispossession.

3 Sep 2021

The matter arose from a criminal application filed before the Nagpur Bench of the Bombay High Court challenging an order passed by the Tahsildar, Hing...

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 Dismisses Writ Petition Challenging TAC Report on Building's Structural Stability — Expert Technical Opinion Not Amenable to Judicial Review on Merits. Writ Court Cannot Substitute Its Own View on Technical Matters; TAC Guidelines from MCGM v State of Maharashtra Followed.

5 Mar 2024

The petitioners, six tenants of a chawl in Bhiwandi, filed a writ petition under Article 226 of the Constitution of India challenging the report of th...

High Court

Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

20 Mar 2023

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

High Court

High Court of Bombay Considers Anticipatory Bail in Building Collapse; Alleged Negligent Chipping of Columns Not Causa Causans According to Applicant. Licensee Seeks Pre-Arrest Bail, Contending No Gross Negligence and Exoneration by Municipal Committee Reports.

11 Oct 2013

The matter involved an anticipatory bail application filed by Sundeep Bafna before the High Court of Bombay. The applicant had taken the underground a...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction in BMC Demolition Case — Building Safety Overrides Tenant Rights. The court upheld the trial court's refusal of ad-interim injunction under Section 354 of the Bombay Municipal Corporation Act, 1888, finding the building dilapidated and unsafe.

5 Jul 2018

The appellants, tenants of a 60-year-old building called Kanhaiya Bhavan, filed a suit (L.C. Suit No. 1528 of 2018) seeking a declaration that the Tec...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorized Reconstruction of Servant Quarters in Cantonment Area. Reconstruction Without Prior Sanction Under Section 238 of Cantonments Act, 2006 Constitutes Unauthorized Construction Justifying Demolition Under Section 248(1).

17 Jul 2014

The petitioner, an occupant of residential premises within the Pune Cantonment Board limits, obtained sanction for building plans on 6 May 2008 under ...

High Court

Bombay High Court Dismisses PIL Challenging Demolition of Temple and Construction of Commercial Complex. Petitioners Failed to Establish Temple as Protected Monument Under Ancient Monuments and Archaeological Sites and Remains Act, 1958.

12 Dec 2023

The petitioners, residents of Vaidya Wadi, Mumbai, filed a Public Interest Litigation challenging the demolition of a temple dedicated to Lord Hanuman...

High Court

Karnataka High Court Dismisses Petition Challenging Demolition of Heritage Market Buildings. Heritage Classification Does Not Bar Demolition for Public Safety Under Section 2(1ea) of Karnataka Town and Country Planning Act, 1961.

8 Aug 2023

The petitioners, residents of Mysuru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respond...

High Court

Bombay High Court Dismisses Tenant's Writ Petition Challenging Eviction Decree for Unauthorized Construction and Excavation. Tenant's demolition of wall and excavation of foundation held to constitute permanent construction and damage to suit property, justifying eviction under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.

13 Jan 2010

The case involves a landlord-tenant dispute where the original plaintiff (landlord) filed a suit for eviction against the original defendant (tenant) ...

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