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Bombay High Court Upholds Municipal Action Against Unauthorized Construction in Writ Petition Under Article 226. Illegal Construction Cannot Be Regularized Merely by Filing Application After Notice; Owners Must Obtain Prior Permissions Under Maharashtra Municipal Corporation Act, 1949.

The dispute arose from unauthorized construction carried out by Respondent No.2, a builder/developer, adjacent to the Petitioner's residential premise...

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Bombay High Court Disposes of Writ Petition Challenging Demolition Under Bombay Municipal Corporation Act, 1888 After Reconstruction. Court Holds Grievance Rendered Academic by Interim Reconstruction and Directs Consideration of Regularization Under the Act.

The petitioner, a lessee of a structure in Dharavi, Mumbai, filed a writ petition under Article 226 of the Constitution of India challenging a show-ca...

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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Bombay High Court Allows Appeal Against Refusal of Injunction in Municipal Demolition Case — Structure Claimed to Be Pre-1962 Protected Property. Court Holds That Prima Facie Case for Interim Relief Exists Where Structure Allegedly Existed Prior to Cut-Off Date Under Section 351 of MMC Act, 1888.

The appellant, M/s Masjid Wa Madrasa Fatimatu Zohra (Ra) Trust, filed an appeal against an order of the City Civil Court, Mumbai, dated 21 September 2...

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Bombay High Court Allows Writ Petition for Enforcement of SDM's Order on Removal of Unauthorised Parking and Encroachments. Directs Authorities to Implement Order and Frame Guidelines to Ensure Free Traffic Movement Under Motor Vehicles Act and Municipal Laws.

The petitioners, residents of Chandrapur, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to ...

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Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

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Bombay High Court Upholds Contempt Order Against Municipal Corporation for Breach of Undertaking in Unauthorized Construction Case. Court Holds That Breach of Undertaking Given to Court Attracts Penalty Under Order 39 Rule 2A CPC.

The respondent, Bhikanlal Nanakchand Sharma, owned a shop near Mulund Checknaka, LBS Road, Mulund West, Mumbai. He and other shopkeepers had carried o...