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Search Results for "demolition"

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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

High Court of Bombay Dismissed Writ Petition Challenging Demolition of Unauthorised Construction — Held Illegality Cannot Be Cured. The High Court ruled that a petitioner cannot seek defense on grounds of illiteracy for unauthorized construction — Reaffirmed the settled principle of law that illegality remains incurable.

25 Feb 2025

High Court found no evidence of ownership and held that illegality cannot be cured — Refused to grant any reliefs sought by the petitioner. Peti...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

20 Feb 2025

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

High Court

Executing Court failed to exercise jurisdiction under Section 51 of the Code of Civil Procedure, 1908 – High Court quashed the impugned order and remanded the matter for proper execution of the decree.

20 Feb 2025

The Executing Court has a duty to exercise jurisdiction under Section 51 CPC to determine all questions relating to decree execution, including the id...

High Court

Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

20 Feb 2025

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

High Court

High Court of Judicature at Bombay Directed Demolition of Unauthorized Construction by Respondent No. 2. Upholding the Rule of Law — Court Ordered Baramati Municipal Council to Act Against Illegal Construction

7 Feb 2025

Constitution of India, 1950 — Article 226 — Writ Petition Maintainable — Civil Jurisdiction Not Barred — Unauthorized Construction — Demolit...

Supreme Court

Supreme Court Upholds Prohibition on Ex Post Facto Environmental Clearance in Environmental Law Case. Prior Environmental Clearance Under Environment (Protection) Act, 1986 and EIA Notification 2006 is Mandatory; Ex Post Facto Clearance Ultra Vires.

1 Jan 2025

The Supreme Court of India considered a group of petitions challenging the validity of ex post facto environmental clearance (EC) granted under the En...

Supreme Court

"Supreme Court Upholds Demolition of Unauthorized Construction in Meerut" "A Landmark Judgment Emphasizing the Rule of Law in Urban Planning"

17 Dec 2024

This Supreme Court judgment deals with unauthorized commercial construction on a residential plot in Meerut, Uttar Pradesh, and highlights the necessi...

High Court

"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

21 Nov 2024

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

High Court

"High Court Mandates Enhanced Verification Mechanisms to Prevent Real Estate Fraud" "Ensuring Transparency and Accountability in Real Estate Registrations"

19 Nov 2024

The Court emphasized the necessity of a robust framework to ensure transparency and prevent fraudulent practices in the real estate sector. It directe...

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