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Supreme Court Dismisses Appeals Against High Court Order Protecting Open Spaces in JVPD Scheme. Layout Reservation of 1967 Prevails Over Development Plan of 1999 Under DCR.

The Supreme Court dismissed appeals against the Bombay High Court judgment that declared two plots in JVPD Scheme, Mumbai, as mandatory open spaces an...

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Bombay High Court Allows Petition Quashing Reservation Condition in Development Permission Dispute. MHADA Housing Reservation Deleted by Sanctioned Modification to Development Plan, Municipal Corporation Cannot Insist on Compliance.

The petitioner, Cosmos Constructions, a partnership firm, owned land at Chitalsar, Manpada, Thane. The Thane Municipal Corporation (TMC) imposed Condi...

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Bombay High Court Allows Release of Land from ULC Proceedings Due to Abatement Under Repeal Act — Land Held to Be Bhoomiswami, Not Nazul Lease, Entitling Petitioners to Restoration of Possession and Mutation.

The petitioners, Smt. Parvatibai wd/o Dashrath Behar and Narayan s/o Late Shri Dashrath Behar, filed a writ petition seeking release of land admeasuri...

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High Court Dismisses Writ Petition Challenging Eviction Order for Unauthorized Construction by MHADA Tenant. Petitioner failed to prove that construction was within plot boundary or that MHADA lacked jurisdiction under Section 66 of MHADA Act, 1976.

The petitioner, Maniram Satyanarayan Chaudhari, was allotted a tenement by the Maharashtra Housing and Area Development Board (MHADA) on 19th November...

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Bombay High Court Quashes Stamp Duty Demand on Shifting Agreements in MHADA Redevelopment Project — Collector of Stamps Lacked Review Power and Agreements Were for Temporary Shifting, Not Permanent Alternate Accommodation Under Article 25(d) of Bombay Stamp Act, 1958.

The Petitioner, Guruashish Construction Pvt. Ltd., a builder and developer, entered into a tripartite Joint Development Agreement dated 10 April 2008 ...

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Bombay High Court Dismisses Writ Petition of Co-operative Society Seeking Reservation in MHADA Commercial Complexes. Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking under the resolution.

The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Mah...

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Bombay High Court Determines True Interpretation of Common Plots Conveyance in Favor of Co-owner Societies. The expression 'tenants in common' in the conveyance indicates absolute co-ownership, not a lease, and MHADA retains no title.

The plaintiff, Vithalnagar Society Ltd, a co-operative housing society, filed an Originating Summons seeking determination of the true interpretation ...