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High Court Dismisses Petitions Against Railway Eviction Notices -- Residents of Malad Fail to Prove Legal Right to Railway Land -- Eviction Upheld for Public Infrastructure Development

The judgment involved 25 connected writ petitions filed by residents of Malad, Mumbai, against eviction notices from the Western Railway Administratio...

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Bombay High Court Directs Municipal Council to Demolish Unauthorised Construction in Neighbour Dispute — Upholds Duty of Municipal Authority Under MRTP Act Despite Pending Civil Suit. Writ Petition Maintainable as Municipal Authority's Statutory Duty is Independent of Civil Court Proceedings.

The petitioners, flat purchasers residing in Baramati, Pune, filed a writ petition under Article 226 of the Constitution of India seeking a directive ...

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Bombay High Court Upholds Eviction of Tenant for Unauthorised Permanent Construction Under Maharashtra Rent Control Act. Tenant's temporary structure argument rejected as Appellate Court found MS angles, asbestos sheets, and polythene roof constituted permanent construction causing danger to building.

The case involves a dispute between the respondent-landlord, Kadambagiri Estates Pvt. Ltd., and the petitioner-tenant, Mrs. Binaifer Batiwala, over ev...

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Court Upholds PMC's Demolition Notices for Illegal Green Belt Constructions in Pune. Petitioners' Plea for Regularization Rejected; Costs Imposed for Violations of Environmental Regulations

The petitioners challenge the demolition notices issued by the Pune Municipal Corporation (PMC) for illegal structures built in the green belt zone on...

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Supreme Court Dismisses Appeals Against Interlocutory Order in Shree Jagannath Temple Construction Case. Construction within prohibited area of centrally protected monument requires compliance with AMASR Act, but public works for devotees may be permitted subject to statutory permissions.

The Supreme Court dismissed two appeals challenging an interlocutory order of the Orissa High Court in a Public Interest Litigation concerning alleged...

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Bombay High Court Allows Writ Petition Seeking Demolition of Illegal Construction in Streamlet Under Maharashtra Municipal Councils Act, 1965. Court Directs Municipal Council to Act Independently of Tahsildar's Letter and Enforce Law Against Unauthorized Building.

The petitioner, Kalidas Bhagwantrao Wadekar, a resident of Chakan, filed a writ petition under Article 226 of the Constitution of India seeking a dire...

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Bombay High Court Directs Removal of Unauthorised Construction on State Land in Public Interest Litigation. Municipal Corporation and MHADA Ordered to Act Against Encroachment Causing Nuisance to Neighbouring Society.

The Petitioners, the State Bank of India Employees (Sahishunta) Co-operative Housing Society Ltd. and another, filed a writ petition seeking direction...

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Bombay High Court Dismisses Builder's Appeal for Injunction Against Demolition of Unauthorized Construction. Builder who constructed seven upper floors without permission and inducted flat purchasers without occupation certificate is not entitled to equitable relief of temporary injunction.

The appellant, M/s. Leela Enterprises, a partnership firm, filed an appeal against an order of the trial court refusing to grant a temporary injunctio...

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Bombay High Court Dismisses Petition Challenging Eviction of Unauthorised Occupant from Railway Land. Section 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 applies to pre-existing unauthorised constructions as it is procedural in nature.

The petitioner, Bharat Purohit Mithaiwala, challenged an eviction order dated 25.7.2003 passed by the Estate Officer under the Public Premises (Evicti...