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Bombay High Court Allows Co-operative Society's Writ Petitions Against Unauthorized Construction by Members. Dispute Between Society and Member Regarding Unauthorized Construction and Possession is Barred from Civil Court Under Section 91 of Maharashtra Co-operative Societies Act, 1960.

The petitioner, The Manglorian Garden Homes Co-operative Housing Society Limited, filed three writ petitions challenging the orders of the Civil Judge...

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Supreme Court Upholds Project Proponent's Environmental Clearance in Construction Dispute Under Amended EIA Regime. Environmental Clearance Granted by Local Authority Valid as Per Notification Dated 9.12.2016, Protecting Existing Constructions but Requiring Fresh Clearance for Future Expansion.

The dispute centered on the validity of an Environmental Clearance (EC) obtained by a project proponent for a construction project in Maharashtra. The...

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Bombay High Court Dismisses MIDC Revision Against Restoration of Possession Under Section 6 Specific Relief Act. Suit for Possession Based on Prior Possession Maintainable Even Against Statutory Corporation Acting Under Court Orders.

The Maharashtra Industrial Development Corporation (MIDC) filed a Civil Revision Application challenging the order of the City Civil Court Judge, Mumb...

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Bombay High Court Acquits Tax Recovery Clerk in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt Under Sections 7 and 13(1)(d) of Prevention of Corruption Act, 1988.

The appellant, Ravindra Mahadeo Kothamkar, a Tax Recovery Clerk with the Thane Municipal Corporation, was convicted by the Special Judge under Section...

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Bombay High Court Dismisses Petition Challenging Demolition Notice Under Section 354A of Mumbai Municipal Corporation Act, 1888 — Alternative Remedy Under Section 351 Available.

The petitioner, Abdul Karim Ahmed Mansoori, filed a writ petition under Article 226 of the Constitution of India challenging a notice dated 1st August...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Demolition Notice for Unauthorized Construction. Court holds that IOD does not confer immunity from action for illegal construction beyond sanctioned plans under MRTP Act, 1966.

The appellant, Parvez M. Yusuf, filed a suit challenging a notice issued by the Municipal Corporation of Greater Mumbai under Section 53(1) of the Mah...

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Bombay High Court Upholds Withholding of Pension for Misconduct in Municipal Corporation Cases. Pensionary benefits can be withheld under Pension Rules for misconduct committed during service, even after retirement, if proceedings are initiated within a reasonable time.

The judgment concerns two writ petitions filed by former employees of the Municipal Corporation of Greater Bombay (now Mumbai) challenging the Commiss...