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WRIT PETITION NO.16958 OF 2024

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Madras High Court Allows Writ Petition Directing Coimbatore Corporation to Remove Unauthorised Construction of Pallivasal. Court Holds That Construction Without Planning Permission Is Illegal and Must Be Removed, Permitting Respondents to Apply for Building Plan Permission Afresh.

The writ petition was filed under Article 226 of the Constitution of India by a licensed building engineer and active participant in the activities of...

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Supreme Court Allows Appeal in Landlord-Tenant Dispute Over Executability of Possession Decree Against Municipal Corporation. Decree for Possession of Immovable Property Held Executable Against Judgment-Debtor Despite Corporation's Claim of Public Purpose.

The case involves a dispute between the appellant (original plaintiff, now deceased and represented by legal representatives) and the respondent, Muni...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

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Bombay High Court Dismisses Tenant's Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Shop Structure. Tenant Failed to Prove Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, and Withdrawal of Earlier Notice Did Not Bar Fresh Action.

The appellant, Maneklal N. Shah alias Kothari, was the original plaintiff in a suit filed against the Municipal Corporation of Greater Bombay (respond...

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Bombay High Court Dismisses Appeal Against Demolition Notice for Unauthorized Construction Under Section 354A of Mumbai Municipal Corporation Act. Tenant Failed to Prove Permission for Construction and Suit Was Barred by Lack of Statutory Notice Under Section 527 of BMC Act.

The appellant, Shivashankar Swami, filed a suit in the Bombay City Civil Court challenging a notice dated 5 July 1999 issued under Section 354A of the...

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Bombay High Court Dismisses Petitioner's Challenge to Rejection of Regularisation Applications for Stalls. Allotment of Pitches by Ward Officer Without Authority Does Not Create Legal Right.

The petitioner, Pravin s/o Govind Kalbhor, filed a writ petition under Article 226 of the Constitution of India challenging an order dated 11th Februa...

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Bombay High Court Allows Appeal in Property Dispute — Consent Terms Not Binding on Applicants Under Order 21 Rule 99 CPC. Court holds that applicants who were not parties to consent terms are entitled to restoration of possession or alternative accommodation.

The case involves an appeal filed by the plaintiffs (appellants) against an order of a learned single Judge in a Chamber Summons taken out by Responde...