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Bombay High Court Dismisses Applications Seeking Police Investigation Against Former Mayor and Town Planner in Compensation Dispute. Court Holds That No Cognizable Offence Is Made Out and That the Magistrate's Direction to Treat the Application as a Complaint Was Proper.

The applicant, Atul Ashok Mundada, purchased two agricultural lands in Jalgaon for development. He claimed that the lands were acquired by the Jalgaon...

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Bombay High Court Quashes Agreement for Sale of Open Amenity Space by Municipal Corporation to Private Developer. Municipal Corporation Cannot Alienate Public Amenity Space Reserved Under Development Plan Without Following Statutory Procedure Under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Prashant Bhagwantrao Palande, a resident of Mira Road, filed a writ petition under Article 226 of the Constitution of India challengin...

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Bombay High Court Quashes NOC and Construction Licence for Non-Compliance with Land Conversion Requirements. Certificate of Existence of Structures Based on Mundkarial Huts Held Invalid to Avoid Conversion Fees Under Land Revenue Code.

The petitioners, Colva Civic and Consumer Forum, filed a writ petition challenging the NOC dated 28/3/2007 issued by the Deputy Town Planner (responde...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorized Construction on Public Land. Petitioner Failed to Prove Ownership or Authorization for Construction on Land Reserved for Garden Under MRTP Act.

The petitioner, Mohammed Ibrahim Abdul Khalique, filed a writ petition before the Bombay High Court challenging the demolition of a structure on a plo...

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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 Partly Allows Appeal in Land Acquisition Compensation Case — Enhances Rate to Rs.306 per sqm Based on Comparable Sale Deeds. Court Relies on Sale Deed of Adjacent Land to Determine Market Value Under Section 23 of Land Acquisition Act, 1894.

The case arises from a land acquisition proceeding initiated by the Government of Goa for public purposes. The Deputy Collector (Dev) & Land Acquisiti...

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Bombay High Court Dismisses PIL Challenging Development Permission for Construction Allegedly Encroaching on Public Right of Way. Court finds no violation of licence conditions and holds that petitioners failed to establish any public right of way over the property.

The petitioners, a village group and its president, filed a Public Interest Litigation in the Bombay High Court at Goa challenging development permiss...

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Bombay High Court Allows Writ Petition Against CIDCO's Refusal to Grant NOC for Additional FSI for IT/ITES Development. Government Order dated 31st August 2009 enabling additional FSI for IT/ITES use is binding on CIDCO as a planning authority.

The petitioner, M/s. Shakti Commercial Premises Society Ltd., a cooperative society registered under the Maharashtra Coop. Societies Act, 1960, filed ...

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High Court of Bombay at Goa Dismisses State's Appeal in Land Acquisition Compensation Case — Market Value Enhanced from Rs.55 to Rs.230 per sq. mt. Upheld. Court Relies on Comparable Sale Deeds and Potential Use of Land for Commercial Purposes Under Land Acquisition Act, 1894.

The State of Goa and the acquiring body, Goa Agricultural Produce Market Committee, appealed against the judgment and order dated 24th September 1999 ...

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Bombay High Court Quashes Unreasoned Order of Town and Country Planning Board in Appeal Under Section 45(1) of Goa Town and Country Planning Act, 1974. Board's One-Line Dismissal Without Reasons Violates Principle of Natural Justice.

The petitioners challenged an order dated 25th May 2004 passed by the Town and Country Planning Board (respondent no.2) dismissing their appeal under ...