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Bombay High Court Dismisses Appeal Against Demolition Notice for Unauthorized Construction Under Section 354A of Mumbai Municipal Corporation Act. Tenant Failed to Prove Permission for Construction and Suit Was Barred by Lack of Statutory Notice Under Section 527 of BMC Act.

The appellant, Shivashankar Swami, filed a suit in the Bombay City Civil Court challenging a notice dated 5 July 1999 issued under Section 354A of the...

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Bombay High Court Dismisses Summons for Judgment in Licence Fee Dispute Due to Triable Issues. Plaintiff's claim for balance licence fee after premature termination of agreement due to demolition by Municipal Corporation raises triable issues regarding breach and entitlement.

The Plaintiff, Nemichand Jain, filed a Summary Suit against M/s. Vodafone Essar Limited and Sandeep Thakur based on a licence agreement dated 16 April...

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Supreme Court Allows Appeal Against Remand Order in Arbitration Dispute. High Court Exceeded Jurisdiction Under Section 37 by Remanding Matter to Arbitrator Despite Consent of Parties to Dispense with Cross-Examination.

The dispute arose out of a joint venture agreement dated 14.12.1996 between the appellants (joint owners of land) and the respondent (a construction c...

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Bombay High Court Dismisses Petition Challenging Demolition Order for Unauthorized Extensions in Commercial Premises. Petitioners Failed to Show Any Sanctioned Plan or Permission for Structures on Compulsory Open Space Under Section 55 of Maharashtra Regional and Town Planning Act, 1966.

The petitioners, occupants and owners of shops in Dattani Shopping Centre, Mumbai, challenged an order dated 14 January 2011 passed by the Assistant M...

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Bombay High Court Dismisses Appeal Against BMC's Alternate Accommodation Offer in Beautification Project. Court upholds BMC's policy requiring deposit of 6 months stallage charges and self-construction of stalls by project affected persons.

The appellants, original plaintiffs, were occupants of commercial structures on land belonging to the Municipal Corporation of Greater Mumbai (BMC) fo...

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Bombay High Court Dismisses Writ Petition Challenging Construction Approval by Thane Municipal Corporation — No Violation of Statutory Provisions Found. The court held that the petitioners failed to establish any illegality in the approval process under the relevant municipal laws.

The petitioners, Anant Kisan Keni and another, filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking a writ...

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Bombay High Court Quashes FIR Registered Suo Motu by Police Under MRTP Act — Police Officer Lacks Authority to Register FIR Under Section 154 CrPC for Offences Under Sections 43 and 52 of Maharashtra Regional and Town Planning Act, 1966

The petitioner, Mahesh Shivram Puthran, filed a writ petition under Article 226 of the Constitution of India challenging an FIR registered by the poli...

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Bombay High Court at Goa Allows PIL Challenging Illegal Construction in CRZ Area - Violation of Coastal Regulation Zone Notification and Environmental Laws. Construction of jetty and retaining wall in CRZ-I area without prior approval from MoEF and GCZMA held illegal and directed to be demolished.

The judgment pertains to two Public Interest Litigations filed before the Bombay High Court at Goa challenging the construction of a jetty and other s...

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Bombay High Court Quashes Demolition Order in Coastal Zone Case for Violation of Natural Justice. Respondent Authority Relied on Material Not Disclosed to Petitioner, Rendering Order Unsustainable.

The petitioner, Shri Raul Prazeres, challenged an order dated 26.10.2004 passed by the Goa Coastal Zone Management Authority (respondent no.2) directi...