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Bombay High Court Dismisses Letters Patent Appeals by Landowners Challenging Slum Dwellers' Protection Under Maharashtra Slum Areas Act. Competent Authority's Classification of Structures as Slums and Occupants' Eligibility Upheld, Affirming Tribunal's Orders.

The High Court of Judicature at Bombay heard nine Letters Patent Appeals (LPA Nos. 107 to 116 of 1996) involving common questions of law and fact. The...

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Bombay High Court Upholds Constitutional Validity of Development Charge Levy in Maharashtra Regional and Town Planning Act. The court held that the levy is a fee for services rendered and not a tax, and the amendment is within legislative competence.

The petitioners, The Solapur Promoters and Builders Association Society and another, challenged the constitutional validity of the Maharashtra Regiona...

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Bombay High Court Dismisses Writ Petition Challenging Part Occupation Certificate for Building Height Violation. Flat Purchasers Cannot Seek Revocation of Occupation Certificate as They Have Alternative Remedy Under RERA and No Vested Right to Challenge Planning Permissions.

The petitioners, Sanjay Phulwaria and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

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Bombay High Court Dismisses HPCL's Challenge to Residential Complex Near Refinery; Upholds Permissions and Finds No Merit in Challenge to D.C. Regulations

This writ petition under Article 226 of the Constitution was filed by Hindustan Petroleum Corporation Ltd., a Government of India enterprise operating...

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Bombay High Court Dismisses Builder's Appeal in Specific Performance Suit — Agreement for Development Not Concluded Due to Missing Essential Terms. Failure to Prove Concluded Contract for Sale of Land as Agreement Lacked Certainty of Terms and Was Subject to Further Negotiations.

The appellant, Ramesh Amarnath Malhotra, a builder and developer trading as Deonar Development Corporation, filed a suit for specific performance of a...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

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Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...