Search Results for "Maharashtra Housing and Area Development Act, 1976"

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Summary Suit for Recovery of Loan Due to Unenforceable Oral Agreement and Lack of Written Contract. Loan advanced for litigation funding held to be a contingent agreement not enforceable under Order 37 CPC as it lacked a written contract and was based on an oral understanding.

The plaintiff, Vishal Kedia, filed a commercial summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Sureshkumar S...

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Bombay High Court Upholds Government's Power to Issue Directions to Appellate Authority Under MHADA Act — Directions Issued Under Section 164 of the Maharashtra Housing and Area Development Act Are Binding on Appellate Authority

The judgment concerns two writ petitions filed by employees of the Maharashtra Housing and Area Development Authority (MHADA) challenging disciplinary...

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Bombay High Court Dismisses Developer's Challenge to MHADA's Rejection of Tenant Eligibility Certification and Revised NOC for Redevelopment. The Court upheld the concurrent findings of the authorities that the developer failed to prove the existence of separate tenancies for the rooms in question.

The petitioner, M/s. S.K. Realty (formerly known as Aum Developer), filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Allows Redevelopment of Acquired Property Under MHADA Based on Settlement Between Owners, Tenants, and Builder. Court Holds That Once Acquisition Notification Lapses, Property Can Be Redeveloped by Private Parties with Consent of All Stakeholders.

The petitioners, comprising owners (Petitioners 1 & 2), tenants (Petitioners 3 to 10), and a builder (Petitioner 11), filed a writ petition challengin...

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Bombay High Court Dismisses Petition Challenging Height Restriction on Multi-Storied Parking Lots Under DCR 33(24). State Government's Power to Modify Development Control Regulations Under Section 37 of MRTP Act, 1966 Upheld — No Vested Right in Unamended Regulation.

The petitioners, claiming ownership of a plot in Tardeo, Mumbai, challenged a decision of the Municipal Corporation of Greater Mumbai contained in a l...

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Bombay High Court Quashes MHADA's 10-Year Transfer Ban on Rehab Tenements as Unconstitutional and Ultra Vires. Condition in NOC restricting sale/transfer of tenancy rights for ten years from occupation held to be without statutory authority and violative of Article 300A of the Constitution.

The Bombay High Court dealt with two writ petitions challenging a condition imposed by the Mumbai Building Repairs & Reconstruction Board (a unit of M...

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Bombay High Court Allows Cooperative Housing Society's Petition Quashing MHADA Circular Imposing Additional Premium on Redevelopment. Circular dated 17-10-2007 held ultra vires and not applicable retrospectively to societies which had already obtained NOC, IOD, and Commencement Certificate.

The petitioner, Vishva-Villa Cooperative Housing Society Limited, a society registered under the Maharashtra Cooperative Societies Act, owned a plot o...