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Bombay High Court Dismisses Challenge to Construction in CRZ Area, Upholds NGT Order on Environmental Clearance Validity. Construction of hotel building in Colva, Goa, held not to violate CRZ Notification 1991 as it was within permissible floor space index and setback requirements.

The judgment concerns two writ petitions: Writ Petition No. 751 of 2008 filed by Theodore Fernandes and Goencarancho Vorixtte Awaz (an association) ag...

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Bombay High Court Dismisses Appeal Against BMC Demolition Notice Under Section 351 of MMC Act — No Interim Relief for Unauthorized Structure Occupant. Tenancy Agreement from 1962 Does Not Confer Right to Continue Occupation After Notice Under Section 351 of the Mumbai Municipal Corporation Act, 1888.

The appellant, Michael Mascarenhas, filed an appeal challenging an order dated 30.07.2016 passed by the City Civil Court, Dindoshi, Mumbai, which reje...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Appellate Order Granting Temporary Injunction in Property Dispute. Appellate Court's interference with trial court's discretionary order upheld where trial court failed to consider relevant material and prima facie case was established.

The petitioners, Mrs. Jennifer Mascarenhas and Mr. Januario Mascarenhas, filed a writ petition in the High Court of Bombay at Goa challenging an order...

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Bombay High Court Allows Public Interest Litigation Against Encroachment on CIDCO Land by Minister's Relative. Court Orders Demolition of Unauthorized Glass House Construction in No Development Zone and Coastal Regulation Zone.

The petitioner, Sandeep Sharadchandra Thakur, a resident of Navi Mumbai and Vice President of a multinational company, filed a Public Interest Litigat...

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Bombay High Court Dismisses Appeal Against Demolition of Unauthorized Structure Under Section 351 of Mumbai Municipal Corporation Act, 1888. Affidavit-in-Reply to Notice of Motion Cannot Be Treated as Written Statement.

The appellant, M/s. B. Jayantilal, a partnership firm, filed a suit challenging a notice issued by the Municipal Corporation of Greater Bombay under S...

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Bombay High Court Dismisses Tenant's Petition Against Eviction Decree for Rent Default and Unauthorized Construction Under Bombay Rent Act. Concurrent findings of courts below upheld as tenant failed to prove that construction was pre-existing or that rent was not in arrears.

The petitioner, a tenant of a shop premises in Nashik, was sued by the respondent landlady for eviction under the Bombay Rents, Hotel and Lodging Hous...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Property Suit — Appellants Restrained from Obstructing Common Possession and Enjoyment of Suit Property. Sale Deed Executed During Pendency of Suit Held Not Binding on Plaintiffs Under Doctrine of Lis Pendens.

The appellants, who were defendants in a suit filed by respondent nos.1 to 5, challenged an order dated 11th July 2003 passed by the trial court allow...

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Supreme Court Awards Compensation to Victims of Meerut Fire Tragedy Due to State and Organizer Negligence. State and Organizers Held Jointly and Severally Liable for Deaths and Injuries from Fire at Victoria Park Exhibition Due to Failure to Obtain Permissions and Ensure Fire Safety.

The Supreme Court dealt with a writ petition filed by victims of a fire tragedy that occurred on April 10, 2006, at Victoria Park, Meerut, during the ...