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Madras High Court Allows Revision Petition to Strike Off Plaint in Owners Association Dispute — Suit Barred by Tamil Nadu Apartment Ownership Act, 1994 and Specific Relief Act, 1963. Owners Association lacked authority to sue for common areas; proper remedy was under the Act or arbitration.

The case involves a civil revision petition filed by Hiranandani Amalfi Owners Association (petitioner) under Article 227 of the Constitution of India...

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Encroachment on B-Kharab Land: Key Judgment Every Property Owner Must Know.

The writ petitions were filed challenging action of BBMP alleging construction over a storm water drain and seeking protection from demolition –...

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Bombay High Court Quashes AGRC Order in Slum Rehabilitation Dispute — Consent Terms Binding on Successor Developer. Petitioners' Entitlement to Two Shops of 409 Sq Ft Each Upheld Based on Consent Terms in Suit No.1994 of 2008.

The petitioners, Alphonso D'Souza and Vanessa D'Souza, filed a writ petition challenging an order dated 5th January 2022 passed by the Apex Grievances...

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Bombay High Court Dismisses Petitions Challenging Demolition of Dilapidated Building Under MHADA and MCGM Regulations — Held That Occupiers Have No Right to Insist on Repair When Building is Unsafe.

The case involves two writ petitions filed by Grace Estate Development Venture and by residents of Ashish Building No. 21 CHS Ltd challenging the demo...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Dismisses Challenge to Section 37(1AA) of MRTP Act in Constitutional Validity Case. Court Holds That State's Power to Modify Development Plans Does Not Violate 74th Amendment or Article 243W.

The petitioners, residents of Mumbai, filed a writ petition under Article 226 of the Constitution challenging the constitutional validity of Section 3...

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Bombay High Court Dismisses PIL Challenging Hawking Activities on Footpaths in Nariman Point and Churchgate Areas. Court Holds That Hawking Is a Fundamental Right Under Article 19(1)(g) Subject to Reasonable Restrictions, and That Municipal Authorities Have Discretion to Designate Hawking Zones.

The petitioners, a group of residents and welfare associations from Nariman Point and Churchgate areas in Mumbai, filed a Public Interest Litigation (...