Search Results for "Maharashtra Housing and Area Development Act, 1976"

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Bombay High Court Dismisses Landlord's Challenge to Cancellation of NOC for Redevelopment Due to Misrepresentation of Tenant Status. Landlord's Failure to Disclose Correct Residential Status of Tenants Renders Permission Void Ab Initio Under DCR 33(7) and MHADA Act.

The petitioners, Dahyabhai Papers & Boards Pvt. Ltd. and another, owned a dilapidated cessed building in Mumbai. They applied for redevelopment under ...

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Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Public Purpose — Petitioner Lacks Locus Standi as He Was Not the Owner of the Acquired Land.

The petitioner, Manoj Mohanlal Bilala, filed a writ petition before the Bombay High Court challenging the land acquisition proceedings initiated by th...

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Bombay High Court Dismisses Arbitration Petition Challenging Unilateral Appointment of Arbitrator by Developer. Appointment of Arbitrator Without Mutual Consent Held Invalid Under Section 11 of Arbitration and Conciliation Act, 1996.

The petitioners, a proposed cooperative housing society and its members, entered into a development agreement with the respondent, a developer, for re...

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Bombay High Court Dismisses Petition Challenging MHADA Housing Allotment — Petitioner's Challenge to Eligibility of Allottees Fails. Court holds that MHADA's decision to allot flats to respondents was within its administrative discretion and not arbitrary under Article 226.

The petitioner, Ved Prakash Gupta, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the a...

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Bombay High Court Dismisses Revision Against Order to Deposit Arrears in Eviction Suit Filed by Trust Against Former Employee. Court Holds That Small Cause Court Has Jurisdiction Over Eviction Suits Filed by Landlords Against Licensees Under Maharashtra Rent Control Act, 1999.

The respondents, as trustees of M.F. Cama Ahornan Institute and M.M. Cama Education Fund, filed L.E. Suit No.96/143 of 2008 in the Court of Small Caus...

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Bombay High Court Quashes NOC Cancellation Order in MHADA Housing Dispute — Procedural Violation of Natural Justice. Board's Order Cancelling No Objection Certificate Set Aside as Passed Without Hearing Affected Parties, Violating Principles of Natural Justice.

The petitioners, Bharat Kanakia and Rajendra Shah, along with others, filed a writ petition before the Bombay High Court challenging an order dated 16...

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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Allows Writ Petitions of Shop Tenants Against BMC and MHADA for Occupation Certificate and Tax Waiver. Developer's Default in Surrendering Area to MHADA Cannot Prejudice Tenants Who Cooperated in Redevelopment.

The petitioners were tenants of shops in a property owned by Mumtaj Begum Shah Mohammed and others, located at Miya Mohamed Chhotani Road, Mahim, Mumb...

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Supreme Court Sets Aside Monetary Demand for Breach of Exemption Conditions Under Urban Land Ceiling Act. The Court Held That the Act Does Not Empower Authorities to Levy Demand as Arrears of Land Revenue; Only Withdrawal of Exemption or Declaration of Land as Excess Is Permissible.

The appellant, Shridhar C. Shetty (deceased through legal representatives), was granted exemption under Sections 20 and 21 of the Urban Land (Ceiling ...

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Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...