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Bombay High Court Quashes AGRC Order in Slum Rehabilitation Dispute — Consent Terms Binding on Successor Developer. Petitioners' Entitlement to Two Shops of 409 Sq Ft Each Upheld Based on Consent Terms in Suit No.1994 of 2008.

The petitioners, Alphonso D'Souza and Vanessa D'Souza, filed a writ petition challenging an order dated 5th January 2022 passed by the Apex Grievances...

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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Bombay High Court Dismisses Petitions Challenging Foreclosure of Contracts for Space Under Flyovers by MSRDC. Contractual Termination Upheld Due to Breach of Terms and Public Interest.

The judgment involves multiple writ petitions filed by contractors challenging the foreclosure of contracts by the Maharashtra State Road Development ...

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Bombay High Court Dismisses Developer's Challenge to Arbitral Award Rejecting Claim Over Stilt Parking Spaces. Court upholds arbitrator's interpretation that development agreement did not grant developer right to sell stilt car parking lots.

The petitioner, M/s. M. Mamotra Associates, a developer, entered into a Development Agreement dated 20 February 2006 with the respondent, Leela Raj 'A...

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Bombay High Court Dismisses Developer's Appeal Against Injunction Restraining Unauthorized Construction of Additional Floors. Purchaser's Right to Seek Injunction Upheld Where Developer Alters Building Character Without Consent and Fails to Form Society as Agreed.

The appeal arises from a suit filed by the respondent (original plaintiff) against the appellant (original defendant) seeking a permanent injunction r...

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Bombay High Court Dismisses Summary Judgment in Security Deposit Recovery Suit — Triable Issues Raised on Forfeiture Clause and Interest Claim. Leave and Licence Agreement's Clause 14(c) Permitting Forfeiture of Deposit for Overstay Creates Triable Issue, Precluding Summary Judgment Under Order 37 CPC.

The plaintiff, RMC Readymix (I) P.ltd, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Kanayo Khubcha...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...