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Bombay High Court Quashes Demolition Notice and Order by MCGM in Alleged Unauthorized Construction Case Finding Malafide Action. The Court held that the works were not in progress and the action under Section 354A of the Mumbai Municipal Corporation Act, 1888 constituted legal malice.

The petitioner, a film actor, purchased a bungalow in Bandra, Mumbai in 2017. In 2018, she carried out a structural audit and sought permission from t...

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Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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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.

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

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Bombay High Court Hears Thane Municipal Corporation's Civil Application for Orders to Vacate Dangerous Building Under Maharashtra Municipal Corporations Act, 1949. Court Notes Visible Cracks and Corroded Beams Make the Building Unsafe.

The matter arose from a civil application filed by the Thane Municipal Corporation seeking directions to the occupants of a building known as Khandu N...

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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.

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

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Bombay High Court at Goa Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice. Demolition Order Set Aside as Issued Without Show Cause Notice or Hearing, Despite Alleged Unauthorized Construction in Heritage Precinct.

The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by th...

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Bombay High Court Allows Petitions Against Demolition Without Notice Under Section 354 of MMC Act. Municipal Corporation Directed to Restore Possession and Follow Due Process Before Demolition of Alleged Unauthorised Structures.

The judgment concerns two writ petitions filed by Suman Devidas Somani and Ambika Kutty against the Municipal Corporation of Greater Mumbai and others...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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High Court of Bombay Disposes Cross Appeals from Trial Court's Injunction Order in Suit for Demolition and CRZ Declaration; Construction in CRZ Not Entitled to Completion Certificate Though Demolition Restrained When Built Per Sanctioned Plan.

The dispute arose from a notice dated 7th February 1998 issued by the Municipal Corporation of Greater Bombay under Section 354A of the Mumbai Municip...