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Search Results for "MHADA Act"

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Supreme Court

Supreme Court Upholds High Court's Directions in Public Interest Litigation Regarding Misappropriation in Housing Scheme Implementation. The Court affirmed the High Court's orders for investigation and remedial action based on committee reports detailing irregularities in the Integrated Housing and Slum Development Programme under the Jawaharlal Nehru National Urban Renewal Mission.

5 Oct 2021

The dispute arose from a criminal public interest litigation filed by social activists and former councillors against the Union of India, the State of...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

High Court

Bombay High Court Quashes Summary Eviction Order Against 80-Year-Old Tenant in MHADA Redevelopment Dispute. Petitioner's Right to Alternate Accommodation Under Section 95A of MHADA Act Upheld as Board Failed to Provide Permanent Rehabilitation Before Eviction.

30 Jul 2019

The petitioner, Sugrabai Gulam Abas Tambawala, an 80-year-old housewife, filed a writ petition under Article 226 of the Constitution of India challeng...

High Court

Bombay High Court Allows Landlords' Revision in Eviction Suit, Remands for Fresh Consideration on Subletting and Bona Fide Need. Court holds that appellate court failed to properly consider evidence of subletting and that the tenant's claim of part performance under Section 53A of Transfer of Property Act, 1882 was not established.

15 Jul 2019

The applicants, original plaintiffs and landlords, filed an eviction suit against the sole defendant-tenant in the Court of Small Causes at Bombay. Th...

High Court

Bombay High Court Dismisses Petition Challenging Tender Award by MHADA — No Violation of Natural Justice Found. Bidder's Challenge to Summary Rejection of Technical Bid Fails as Evaluation Was Based on Tender Conditions and No Prejudice Was Caused.

30 Jul 2018

The petitioners, ACC India Private Limited and others, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Cou...

High Court

Bombay High Court Allows Petitions Challenging Unilateral Modification of Development Control Regulations by State. Held that DCRs are statutory and cannot be altered without following due process under the Maharashtra Regional and Town Planning Act, 1966.

6 Feb 2015

The judgment concerns two writ petitions filed by D B Realty Limited and Salim Balwa (WP No.366 of 2014) and Savita Homemakers LLP and Akkshay Jain (W...

High Court

Bombay High Court Dismisses Petition Challenging Validity of Clause 10(a) of Appendix III under DCR 33(7) for Redevelopment of Cessed Properties. The Court held that the requirement of 70% consent of occupants is a reasonable restriction and not violative of fundamental rights under Articles 14, 19(1)(g) and 300A of the Constitution.

20 Mar 2013

The petitioners, M/s. J. Gala Enterprises and its partner, purchased a property in 1992 comprising cessed and non-cessed structures with about 220 fam...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

Bombay High Court Dismisses Petition by Occupants Challenging Redevelopment Scheme Under DCR 33(7) — Majority Consent and Sanctioned Plans Upheld. Court held that the redevelopment scheme was validly sanctioned and the petitioners' objections were not sufficient to stall the project.

13 Dec 2010

The petitioners, seventeen occupants of residential tenements in Dalal Estate, Mumbai Central, filed a writ petition under Article 226 of the Constitu...

High Court

Bombay High Court Allows Appeal of Retired Employee Against State's Challenge to Lok Nyayalaya Order. The Court held that the Lok Nyayalaya's order directing pensionary benefits was binding and the State could not bypass it by filing a writ petition without exhausting alternative remedies.

7 Mar 2006

The appeal arises from a judgment of a Single Judge of the Bombay High Court allowing a writ petition filed by the State of Maharashtra and the Mahara...

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