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Bombay High Court Dismisses PIL Challenging Building Construction Permissions as Barred by Res Judicata and Laches. The Court held that the petitioners had previously litigated the same issues and obtained no relief, and the PIL was filed after substantial construction had already been completed.

The Altamount Road Area Citizens Committee and another petitioner filed a Public Interest Litigation (PIL) before the Bombay High Court challenging th...

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Supreme Court Defines Aravali Hills and Ranges for Conservation in T.N. Godavarman Case. Court adopts scientific definition based on geological and ecological criteria to prevent desertification and protect biodiversity across Delhi, Haryana, Gujarat, and Rajasthan.

The Supreme Court of India, in its inherent jurisdiction under Article 32 of the Constitution, addressed the critical issue of defining 'Aravali Hills...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...

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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 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 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...