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Supreme Court Dismisses State's Appeal Against Vacation of Status Quo in Land Encroachment PIL — Government's Inaction Over Six Years Leads to Third-Party Rights

The case originated from a public interest litigation filed by Respondents in the Madras High Court alleging illegal land transactions in Thazham...

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Bombay High Court Dismisses Builder's Appeal in Property Tax Assessment Dispute — Slum Rehabilitation Scheme Does Not Entitle Exemption from Property Tax Under Mumbai Municipal Corporation Act, 1888.

The appeal was filed by Akruti Nirman Pvt. Ltd. and its Managing Director, Shri Vyomesh M. Shah, challenging the order of the Additional Chief Judge o...

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High Court of Karnataka Allows Second Appeal in Easement Rights Case — Prescriptive Easement Claim Upheld Based on Long User and Acquiescence. Court Restores Trial Court Decree Granting Declaration of Easement by Prescription and Permanent Injunction.

The appellant, N. Vijendra Rao, filed a suit (O.S. No. 276/1994) before the Principal Civil Judge (Jr. Dn.), Mangalore, seeking a declaration of his a...

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Gujarat High Court Quashes Eviction Order Against Ashram in Land Encroachment Case — Proceedings Vitiated for Violation of Natural Justice. City Mamlatdar's Order Under Section 61 of the Gujarat Land Revenue Code, 1879 Set Aside as Show-Cause Notice Not Served and No Opportunity of Hearing Given.

The petitioner, Sant Shri Asharam Ashram through its authorized signatory Rajeshkumar Shadilal Bharti, filed a writ petition under Article 226 of the ...

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Bombay High Court Allows Second Appeal in Specific Performance Suit Involving Tribal Land Transfer. Decree for specific performance of agreement to sell tribal land to non-tribal can be granted subject to obtaining permission under Section 36A of Maharashtra Land Revenue Code.

The appellant, Babasaheb Dhondiba Kute, a non-tribal, entered into an agreement dated 31.07.2001 with the respondent, Radhu Vithoba Barde, a tribal, f...

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Bombay High Court Dismisses Contractor's Suit for Specific Performance and Allows Society's Counterclaim for Damages in Construction Dispute. Agreement dated 13th March 1978 held valid but not specifically enforceable due to mutual breaches and failure to prove readiness and willingness.

The judgment concerns two cross-suits between M/s. Shanti Builders (a building contractor) and CIBA Industrial Workers' Co-op. Housing Society Ltd. (t...

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Bombay High Court Allows Mutation and Quashes Demand for Unearned Income in B1 Category Land Transfer Cases. State cannot insist on NOC or demand unearned income without statutory authority under the Maharashtra Land Revenue Code, 1966.

The judgment concerns two writ petitions challenging the State Government's actions regarding B1 category land. In Writ Petition No.2378 of 2018, the ...

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Bombay High Court Dismisses Landowners' Challenge to Acquisition for Waghur Project Due to Delay and Laches. Petitioners' acceptance of compensation without protest for nearly 20 years bars them from challenging the acquisition under the Land Acquisition Act, 1894.

The judgment concerns two writ petitions filed by landowners challenging the acquisition of their lands for the Waghur Project in Jalgaon, Maharashtra...

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High Court of Karnataka Allows PIL Challenging BDA's Deletion of Civic Amenity Land in Canara Bank Colony. BDA's Approval of Amended Layout Plan Reducing 16,000 Sq Ft Civic Amenity Site Quashed for Violating Statutory Requirements Under BDA Act and Zonal Regulations.

This Public Interest Litigation was filed by the Canara Bank Colony Residents' Welfare Association under Article 226 of the Constitution of India, see...