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Bombay High Court Allows Petition Challenging Demolition of Bungalow Without Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888. Demolition Without Prior Notice and Opportunity of Hearing Held Illegal and Violative of Natural Justice.

The petitioners, M/s Asian Rubber Works and another, filed a writ petition under Article 226 of the Constitution of India challenging the illegal demo...

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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Bombay High Court Considers Appeal Against Dismissal of Suit Challenging Acquisition Under MHADA Act; Trustees Contest Procedural Validity of Acquisition Notice and Notification.

The appellants, trustees of a public trust, owned buildings known as Badak Chawls in Mazgaon, Mumbai. The Maharashtra Housing & Area Development Autho...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Construction in Cooperative Society — Petitioners Failed to Establish Title or Authorization for Construction on Society Property.

The petitioners, residents and shop owners of Bandra Ashoka Cooperative Housing Society Ltd., filed a writ petition challenging the demolition of cert...

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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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Bombay High Court Allows Arbitration Petition in Redevelopment Dispute — Dissenting Member Cannot Obstruct Majority Decision for Dilapidated Building. Court Appoints Arbitrator Under Section 11 of Arbitration and Conciliation Act, 1996 to Resolve Dispute Between Developer, Society, and Dissenting Member.

The Bombay High Court dealt with an arbitration petition filed by Chirag Infra Projects Pvt Ltd, the developer, against Vijay Jwala Cooperative Housin...

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Bombay High Court Dismisses Appeal Against Refusal of Ad-Interim Relief in Suit Challenging BMC's Demolition Notice. Occupants of Unauthorized Structures Not Entitled to Injunction Against Statutory Authority Under Section 351 of Mumbai Municipal Corporation Act, 1888.

The appellants, occupants and owners of premises in Manish Apartment, Vile Parle, filed a suit seeking injunction against the Municipal Corporation of...