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Search Results for "Redevelopment Agreement"

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Supreme Court

Supreme Court Dismisses Appeal in MHADA Redevelopment Case Upholding High Court's Decision on Writ Petition Maintainability. Court Finds No Interference with Contractual Rights as Agreements Were Unregistered and MHADA Had Authority Under Regulation 33(9) of Development Control and Promotion Regulations, 2034 to Issue E-Tender for Private Land Redevelopment.

16 Apr 2025

The dispute arose from an e-tender issued by the Maharashtra Housing and Area Development Authority (MHADA) for the redevelopment of a privately owned...

High Court

Bombay High Court Dismisses Developer's Section 9 Petition Seeking Appointment of Receiver and Injunction Against Society Members in Redevelopment Dispute. Court holds that disputes regarding entitlement to alternate accommodation and possession are not arbitrable under the Development Agreement and that the remedy lies before the Cooperative Court under the Maharashtra Cooperative Societies Act, 1960.

3 May 2019

The petitioner, Kamla Homes and Lifestyle Private Limited, a developer, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996...

High Court

Bombay High Court Quashes Condition in IOD Requiring Registered Agreement with Tenant for Redevelopment. Condition No.10 in IOD directing that registered agreement with existing tenant not be submitted before CC is set aside as arbitrary and contrary to DCR.

5 Jun 2018

The Petitioner, MIG (Bandra) Realtors and Builders Pvt. Ltd., a developer, acquired redevelopment rights over land admeasuring approximately 20149.40 ...

High Court

Bombay High Court Upholds Injunction Against Developer in Property Dispute Over MHADA Land — Interim Relief Granted to Protect Possession Pending Trial. The court found that the plaintiff had a prima facie case based on registered documents, while the defendant failed to show any better title or possession.

24 Aug 2016

The appeal arose from an order of the City Civil Court, Dindoshi, Mumbai, which granted an ad-interim injunction in favor of the plaintiff, M/s Krishn...

High Court

Bombay High Court Quashes MHADA Order in Redevelopment Dispute — Upholds Developer's Right to Fair Hearing. Section 95A of MHADA Act, 1976 Requires Compliance with Natural Justice Before Revoking Development Rights.

26 Nov 2015

The petitioners, M/s Darshan Jayant Builders (a partnership firm) and its partner Pritesh M. Jain, filed a writ petition under Article 226 of the Cons...

High Court

Bombay High Court Dismisses Application to Rescind Consent Decree and Allows Substitution of Legal Heirs in Recovery Suit. Consent Terms Are Binding Contract; Legal Representatives Can Be Substituted Under Order 22 CPC for Execution of Decree.

29 Oct 2013

The plaintiffs filed a suit (Suit No.2011 of 2002) against the defendants for recovery of Rs.3,30,00,000 with interest. On 3rd October 2006, the parti...

High Court

Bombay High Court Allows Developer's Petition Challenging Stop Work Notice in Slum Redevelopment Project. Corporation's Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 Quashed for Non-Compliance with DCR 33(7) Prior Approval Requirement.

10 Jun 2013

The petitioner, M/s Crescent Property Developers, a partnership firm registered under the Indian Partnership Act, 1956, filed a writ petition under Ar...

High Court

Bombay High Court Dismisses Petition Challenging Redevelopment of Dilapidated Chawls — Upholds Enhanced Rehabilitation Area Under DCR 33(7) and DCR 33(9). The court held that occupants who had consented to redevelopment could not later resile, and the developer's offer of 300 sq. ft. plus 75 sq. ft. dry balcony was reasonable.

5 Dec 2012

The Bombay High Court dismissed a writ petition filed by seven residents acting for themselves and on behalf of 217 occupants of Haji Kasam Chawls, a ...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

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