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Bombay High Court Directs Municipal Corporation to Follow 2013 Act for Land Acquisition When Owner Refuses TDR. Land Reserved for Public Purpose Under MRTP Act Cannot Be Acquired by Compelling TDR; Authority Must Initiate Acquisition Under 2013 Act if Owner Refuses TDR.

The petitioner, a Public Charitable Trust, owned land bearing CTS No.216(pt) and CTS No.190 in Village Mandapeshwar, Borivali, Mumbai. The land was re...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Allows TDR Claim for Surrendered DP Road Land Despite No-Objection Condition. Transferable Development Rights cannot be denied merely because surrender was a condition of permission; entitlement arises from statutory scheme under Maharashtra Regional and Town Planning Act, 1966.

The petitioner, Nirmal Ujwal Credit Cooperative Society, challenged a communication dated 22.09.2014 from the Nagpur Municipal Corporation (Planning A...

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Bombay High Court Allows Developer's Writ Petition for TDR Against Construction of Development Plan Road. Municipal Corporation's Rejection of TDR Application Set Aside as Unreasonable and Contrary to Development Control Regulations.

The petitioner, M/s. Siddhi Real Estate Developers, a partnership firm, constructed a development plan road at its own cost within the limits of Thane...

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Bombay High Court Dismisses Contractor/Developer's Challenge to Majority Arbitral Award in Construction Dispute. Court upholds award of Rs.7,35,000, Rs.10,80,000, interest, and costs under Section 34 of the Arbitration and Conciliation Act, 1996, finding no patent illegality or conflict with public policy.

The petitioner, M/s. Raviuday Construction Co., a partnership firm, challenged a majority arbitral award dated 15 May 2012 passed by a three-member ar...

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Bombay High Court Dismisses PIL Challenging Construction of 38-Story Building in Cuffe Parade, Mumbai, Holding No Violation of CRZ Norms or FSI Regulations. The court found that the building was not located on a CRZ-I area and that the FSI granted was within permissible limits under DCR 58.

The petitioners, comprising residents' associations and trusts, filed a Public Interest Litigation challenging the construction of a 38-story building...

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Bombay High Court Dismisses Petition Challenging Height Restriction on Multi-Storied Parking Lots Under DCR 33(24). State Government's Power to Modify Development Control Regulations Under Section 37 of MRTP Act, 1966 Upheld — No Vested Right in Unamended Regulation.

The petitioners, claiming ownership of a plot in Tardeo, Mumbai, challenged a decision of the Municipal Corporation of Greater Mumbai contained in a l...

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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...