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Supreme Court Dismisses Appeal Against Refusal to Sanction Variation of Town Planning Scheme. State Government's Refusal to Delete Internal Road Upheld as Valid Exercise of Discretion Under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

The appeal arose from a judgment of the Bombay High Court dismissing a writ petition filed by the appellant trust. The trust challenged an order dated...

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Supreme Court Allows Appeal in Easement Rights Dispute Over Pathway — Vendor Cannot Confer Exclusive Right After Prior Grant of Access. Section 48 of Transfer of Property Act, 1882 applied to prioritize earlier right of way over later exclusive grant.

The case involves a dispute over a pathway in Chennai. The original owner, C.L. Rajasekaran, owned a large parcel of land on Mowbrays Road. He sold po...

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Bombay High Court Allows PIL Seeking Removal of Petrol Pumps Near Bibi Ka Maqbara Heritage Site. Court directs relocation of petrol pumps within 500 meters of the protected monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Heritage Regulations.

The petitioner, Mr. Shahid Aslam, filed a Public Interest Litigation before the Bombay High Court (Aurangabad Bench) seeking the removal of petrol pum...

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Bombay High Court Dismisses Interim Injunction in Property Dispute Over Access and Possession of Suit Plot. Court finds no prima facie case for exclusive possession or title in favour of plaintiff society of flat purchasers.

The plaintiffs, a proposed co-operative society of flat purchasers in Girnar Tower, filed a suit for permanent injunction against the defendants, incl...

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Bombay High Court Allows Second Appeal in Property Dispute Over Misreading of Judicial Auction and Inventory Proceedings. Courts below erred in misconstruing documents at Exhibit 40/C and Inventory Order No.82/84, affecting the appellants' title to property.

The case involves a second appeal before the High Court of Bombay at Goa arising from a property dispute. The appellants, Jose Antonio Pedro Menino Fe...

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Bombay High Court Allows Appeal in Land Acquisition Case — Compensation for Severance of Property Not Payable Under Section 23(1) of Land Acquisition Act, 1894. Court holds that cost of constructing a culvert to connect severed portions is not a separate head of compensation under the Act.

The case involves an appeal by the Executive Engineer and Special Land Acquisition Officer against the judgment of the Reference Court dated 6/01/2005...

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Bombay High Court Dismisses Railway's Challenge to Temporary Injunction in Favour of Educational Society for Use of Approach Road. Court upholds appellate order restraining obstruction of road constructed on shivdhura of survey no. 348 based on Tahsildar's permission and prima facie findings.

The petitioners, officers of the Central Railway, challenged the judgment dated 21/1/2010 of the 4th Additional District Judge, Nagpur in MCA No. 230/...

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Bombay High Court Allows Land Acquisition Reference, Enhances Compensation for Acquired Land Under Land Acquisition Act, 1894. Court Determined Market Value Based on Comparable Sale Instances and Potential for Development, Rejecting Government's Valuation Method.

The case is a land acquisition reference under Section 18 of the Land Acquisition Act, 1894, arising from the acquisition of land belonging to Godrej ...