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High Court of Judicature at Bombay Nagpur Bench Adjudicates Public Interest Litigation Seeking Removal of Encroachments on Public Utility Lands in Bezanbag Area; Petition Highlighted Apathy of Authorities in Removing Encroachments on Lands Reserved for Garden, Dispensary, and Educational Purposes.

The Writ Petition (PIL) No. 1515 of 2008, along with Contempt Petition No. 168 of 2014 and Writ Petition No. 123 of 2019, was filed in the High Court ...

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Supreme Court Allows Cross-Appeals Against Remand Order in Arbitration Matter — Power of Appellate Court Under Section 37 of Arbitration Act Examined. The Court held that an appellate court under Section 37 cannot remand a Section 34 petition for fresh hearing but must decide the appeal on merits.

The dispute arose from a development agreement concerning a slum rehabilitation scheme in Mumbai. The appellant, Bombay Slum Redevelopment Corporation...

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Bombay High Court Upholds Lease Rent Revision Based on Ready Reckoner Rates for Housing Societies in Bandra. Court holds that linkage of lease rent to land value is not per se prohibited and the Government Resolutions of 2006, 2012, and 2018 are constitutionally valid.

The Bombay High Court, in a batch of writ petitions, upheld the constitutional validity of Government Resolutions (GRs) dated 29th May 2006, 12th Dece...

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Bombay High Court Dismisses Petition Against Railway Land Demolition — No Encroachment Rights on Railway Land. Petitioners failed to establish any legal right to occupy railway land, and the demolition was lawful under the Railways Act, 1989.

The petitioners, seven individuals, filed a writ petition in the Bombay High Court challenging the demolition of their structures on land claimed to b...

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Bombay High Court Dismisses Petition Challenging State's Refusal to Modify Development Plan Reservation. State's Discretion to Revert Land to Original Reservation Upheld Under Section 37 of MRTP Act, 1966.

The petitioner, Ramchandra Tukaram Mohite (since deceased through legal representatives), filed a writ petition under Article 226 of the Constitution ...

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Bombay High Court Dismisses Plaintiffs' Revision and Writ Petition in Property Dispute. Trial Court's Refusal to Allow Recall of Witness and Amendment of Plaint Upheld as No Jurisdictional Error or Material Irregularity Found.

The judgment arises from a property dispute between the Plaintiffs (Jitendra Velji Faria and another) and the Defendants, including the Municipal Corp...

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Bombay High Court Allows Writ Petition Challenging Slum Tribunal's Jurisdiction After Amendment. Holds That Amendment Substituting Appellate Forum Is Procedural and Retrospective, Directs Transfer of Pending Appeal to Grievance Redressal Committee Under Section 3C of Maharashtra Slum Areas Act.

The petitioner, Omprakash V. Dube, the Chief Promoter of Sahyog SRA Cooperative Housing Society (Proposed), had obtained a declaration from the CEO, S...

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Bombay High Court Dismisses Revision in Slum Property Dispute — City Civil Court Has Jurisdiction. Court holds that suit for declaration and injunction regarding slum premises is not barred by Section 28 of Maharashtra Slum Areas Act, 1971, as the bar applies only to eviction suits.

The case involves two Civil Revision Applications challenging an order dated 23/07/2012 passed by the learned Judge of the City Civil Court, Greater M...

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Bombay High Court Dismisses Writ Petition Challenging Eviction Proceedings Under Section 105-B of MCGM Act for Non-Compliance with Interim Orders and Lack of Urgency. The Court held that the petitioners had an alternative remedy and their conduct amounted to abuse of process, imposing costs of Rs. 25,000.

The petitioners, occupants of a municipal corporation building, filed a writ petition challenging eviction proceedings initiated against them under Se...