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Search Results for "notice before demolition"

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High Court

Bombay High Court Allows Second Appeal in PMC Compound Wall Demolition Case — Construction Prior to Inclusion in Municipal Limits Not Subject to Section 478 Notice. Notice under Section 478 of BPMC Act, 1949 cannot be issued for a wall constructed before property came within municipal limits; alternatively, such notice cannot be construed as one under Section 260.

19 Oct 2011

The appellant, Ninad Sah. Gruharachana Sanstha Mydt., owned a property in Pune. In 1969, before the property was included within the limits of the Pun...

High Court

Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966.

29 Apr 2014

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additio...

High Court

Bombay High Court Allows Reconstruction of Demolished Structures in MCGM Demolition Case — Violation of Natural Justice as No Notice Given Under MMC Act. Court held that demolition without notice under Section 351 of the Mumbai Municipal Corporation Act, 1888 is illegal and directed restoration of status quo ante.

26 Mar 2018

The petitioners, M/s. Sunbeam High Tech Developers Private Limited and others, filed a writ petition under Article 226 of the Constitution of India ch...

High Court

Bombay High Court Allows Petition Against Demolition of Residential Structures Without Notice in NMM Kamgar Cooperative Housing Society. Court holds that demolition of structures without prior notice under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 is illegal and violative of natural justice.

7 Jul 2023

The petitioners, residents of NMM Kamgar Cooperative Housing Society in Thane, filed a writ petition challenging the demolition of their residential s...

High Court

Bombay High Court Issues Guidelines for Demolition of Dilapidated Buildings Under Section 354 of Mumbai Municipal Corporation Act, 1888. The court directed the Municipal Corporation to follow a structured procedure including structural audit and hearing before demolition.

28 Feb 2018

The Municipal Corporation of Greater Mumbai filed a Writ Petition under Article 226 of the Constitution of India seeking guidelines for effective impl...

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 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 Appeal Against Demolition Notice Under Mumbai Municipal Corporation Act, 1888; Affirms That Unauthorized Structure Not Entitled to Protection as Tolerated Structure. Absence of Consistent Documentary Evidence and Non-compliance with Government Resolution Requirements Led to Rejection of Plaintiff's Claim for Declaration and Permanent Injunction.

5 Oct 2010

The appeal arose from the dismissal of a civil suit seeking declaration and permanent injunction against a demolition notice issued by the Municipal C...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorised Construction — No Right to Regularise Illegal Construction by Payment of Fees. The Court held that payment of development charges does not condone unauthorised construction under Sections 44 and 53 of the Maharashtra Regional and Town Planning Act, 1966.

29 Aug 2019

The petitioner, Savitribai Phule Shikshan Prasarak Mandal, challenged a notice dated 9th March 2018 issued by the Solapur Municipal Corporation demand...

High Court

Bombay High Court Dismisses Appeal Against Demolition Orders for Unauthorized Construction in Municipal Corporation of Greater Mumbai Case. Court Held That Stop Work Orders and Demolition Notices Were Valid as Appellant Failed to Obtain Required Permission Under Section 347 of the Mumbai Municipal Corporation Act, 1888.

22 Sep 2016

The appellant, United Construction, a partnership firm, purchased a building known as 'Roop Niketan' (now 'Shanidev') located at Colaba, Mumbai, by a ...

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