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High Court Condemns Demolition by Municipal Corporation Under Guise of DCPR 2034 Redevelopment Scheme. Appeal from Order Dismisses Demolition as High-handed and Illegal Under Regulation 33(9) of Development Control and Promotion Regulation 2034.

The matter pertains to an appeal from order filed by M/s. Mehta & Co., a partnership firm through its partner Mr. Adarsh Varma, as original plaintiff,...

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Bombay High Court Dismisses Landlord's Petition in Eviction Suit for Unauthorized Construction — Finds Appellate Court's Reversal Not Perverse. Landlord Failed to Plead Original Condition of Premises Under Section 13(1)(b) of Bombay Rent Act.

The petitioner, Hemant Bharat Kachare, as landlord, filed a writ petition challenging the judgment and decree dated 16 February 1999 passed by the Add...

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Supreme Court Allows Appeal for Development Rights Certificate in Land Reservation Case. Held That Landowner Entitled to DRC for Entire Reserved Area Under Section 126(1)(c) of MRTP Act, 1966.

The appellants, Godrej and Boyce Manufacturing Company Limited and its constituted attorney, owned land bearing CTS No. 2B (part) and 3B in Mumbai, wh...

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Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice Under M.R.T.P. Act — No Prima Facie Case for Injunction as Structure Appears Temporary and Unauthorized.

The appellant, Mohd. Ismail Gulam Shaikh, filed an appeal against an order of the trial court refusing ad-interim relief in a suit seeking injunction ...

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Bombay High Court Allows Tenants' Petition Against Demolition of Building Declared Dilapidated — Municipal Corporation Directed to Follow Procedure Under MMC Act Before Demolition. Tenants' Right to Hearing Upheld Under Sections 354 and 488 of Mumbai Municipal Corporation Act, 1888.

The petitioners, eleven tenants residing in a building called Habib Terrace in Kurla, Mumbai, filed a writ petition challenging a notice issued by the...

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Bombay High Court Dismisses Appeal Against Injunction in Property Dispute Over Development Rights — Agreement for Sale Not Enforceable Without Registered Conveyance Deed.

The appeal arises from a suit filed by the original plaintiff, Smt. Nirmala Dhandukhlal Thakkar, seeking a permanent injunction restraining the appell...