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Supreme Court Sets Aside Monetary Demand for Breach of Exemption Conditions Under Urban Land Ceiling Act. The Court Held That the Act Does Not Empower Authorities to Levy Demand as Arrears of Land Revenue; Only Withdrawal of Exemption or Declaration of Land as Excess Is Permissible.

The appellant, Shridhar C. Shetty (deceased through legal representatives), was granted exemption under Sections 20 and 21 of the Urban Land (Ceiling ...

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Supreme Court Upholds High Court's Reversal in Gift Deed Case: Presumption of Acceptance Arises from Recital of Possession Delivery. Gift to a deity is validly accepted by trustees; unilateral cancellation by donor is void.

The appeal arose from a suit filed by the respondents (family members of the donor and members of the Kizhakke Veethil Tarwad) seeking a declaration t...

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Supreme Court Dismisses Appeal of Builder in Environmental Clearance Case for Failure to Follow Expansion Procedure. Increase in Construction Area Beyond Prior EC Requires Fresh Environmental Clearance Under EIA Notification, 2006.

The present civil appeal arises from an order of the National Green Tribunal (NGT) dated 11 February 2019, which held that the increase in total const...

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Bombay High Court Dismisses PIL Challenging Building Construction in Cessed Building Area — No Violation of DCR Found. Petitioner failed to establish that the construction violated Development Control Regulations or that the building was a cessed building under MHADA.

The petitioner, Asif Abdul Sattar, filed a Public Interest Litigation before the Bombay High Court challenging the construction of a building by Respo...

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Bombay High Court Allows Writ Petition Challenging Land Acquisition for Non-Payment of Compensation Under Land Acquisition Act, 1894. Acquisition Lapses as Compensation Not Paid Within Five Years Despite Possession Taken.

The petitioners, original owners of land at Roadpali, Taluka Panvel, District Raigad, challenged the acquisition of their land by CIDCO under the Land...

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Bombay High Court Dismisses Writ Petition Challenging Settlement Commission Order Under Section 245D(4) of Income Tax Act — No Jurisdictional Error Found in Rejecting Settlement Application for Non-Disclosure of Full Income.

The petitioner, Major Metals Ltd., filed a writ petition under Article 226 of the Constitution challenging an order dated 30 December 2010 passed by t...

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Bombay High Court Allows Appeal Against CESTAT Predeposit Order in Central Excise Valuation Dispute. The Court held that the Tribunal must consider prima facie case, balance of convenience, and financial hardship while deciding waiver of predeposit under Section 35F of the Central Excise Act, 1944.

The appellant, Hyva (India) Private Limited, is engaged in body building on motor vehicle chassis supplied by Tata Motors Limited. Tata Motors clears ...

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...