Search Results for "construction demolition"

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Search Results for "construction demolition"

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High Court

Karnataka High Court Dismisses Petition Challenging Demolition of Heritage Market Buildings. Heritage Classification Does Not Bar Demolition for Public Safety Under Section 2(1ea) of Karnataka Town and Country Planning Act, 1961.

8 Aug 2023

The petitioners, residents of Mysuru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respond...

High Court

Bombay High Court Grants Bail to Accused in Illegal Building Collapse Case Due to Lack of Prima Facie Evidence of Culpable Homicide and Long Incarceration. Court Held That Section 304 IPC Requires Knowledge of Likely Death, Which Was Not Established Against the Applicants.

28 Oct 2014

The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building i...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354 of Mumbai Municipal Corporation Act, 1888 — Building Declared Dangerous and in Ruinous Condition. Court Held That Occupants Cannot Resist Demolition of Unsafe Building on Grounds of Pending Redevelopment or Ownership Claims.

22 Aug 2019

The petitioners, three occupants of a building called New Kisant Cooperative Housing Society in Mazgaon, Mumbai, challenged a notice dated 3rd July 20...

High Court

Bombay High Court Dismisses Revision Against Order Holding Suit Maintainable Despite MRTP Act Bar. Civil Court Jurisdiction Not Ousted Under Section 149 of MRTP Act Where Dispute Involves Title and Possession, Not Just Planning Violations.

16 Jan 2015

The case involves a civil revision application under Section 115 of the Code of Civil Procedure, 1908, challenging an order dated 22/3/2013 passed by ...

Supreme Court

Supreme Court Dismisses Appeal in Land Encroachment Case, Upholding Demolition and Possession Decree. Concurrent findings of ownership and encroachment were not interfered with under Article 136 of the Constitution, and Section 51 of the Transfer of Property Act, 1882 was held inapplicable as the appellant failed to establish being a transferee with bona fide belief.

2 Feb 2023

The dispute originated from a civil suit filed by the respondent (plaintiff) for possession of land measuring 11 Biswancies and demolition of structur...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice. Demolition Order Set Aside as Issued Without Show Cause Notice or Hearing, Despite Alleged Unauthorized Construction in Heritage Precinct.

30 Nov -0001

The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by th...

High Court

Bombay High Court Allows Appeal Against Demolition Order in Municipal Corporation Dispute — Violation of Natural Justice as No Show Cause Notice Was Issued Before Demolition Under Section 351 of Mumbai Municipal Corporation Act, 1888. The court held that Section 351 requires a notice before demolition, and failure to do so renders the demolition illegal.

12 Oct 2018

The appellants, M/s. B.D. Jogani & Company and its partners, were occupants of premises in Jaywant Industrial Estate, Mumbai. The Municipal Corporatio...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorized Reconstruction of Servant Quarters in Cantonment Area. Reconstruction Without Prior Sanction Under Section 238 of Cantonments Act, 2006 Constitutes Unauthorized Construction Justifying Demolition Under Section 248(1).

17 Jul 2014

The petitioner, an occupant of residential premises within the Pune Cantonment Board limits, obtained sanction for building plans on 6 May 2008 under ...

High Court

Bombay High Court Allows Petitions Challenging Demolition Notices Issued by Nagpur Improvement Trust for Alleged Unauthorized Construction. Court holds that show cause notices under Section 53 of the Nagpur Improvement Trust Act, 1936 must be served on the owner or person in possession, and that the Trust cannot demolish without giving an opportunity of hearing.

19 Mar 2012

The judgment concerns three writ petitions filed by owners of flats in Nagpur challenging demolition notices issued by the Nagpur Improvement Trust (N...

High Court

Bombay High Court Dismisses Petition Challenging Demolition of Sheds by Municipal Corporation. Petitioner Failed to Produce Authorization Under Section 351 of Mumbai Municipal Corporation Act, 1888, Hence Demolition Upheld.

28 Jun 2006

The petitioner, M/s Sub Vijay International Pvt Ltd, owned property bearing CTS No. 11A in Aksa, Borivali, Mumbai. On 13th April 1999, the Deputy Cont...

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