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Bombay High Court Dismisses Petitioner's Challenge to Demolition of Unauthorized Construction in Writ Petition Under Article 226. Petitioner's claim of illiteracy and long residence does not excuse violation of planning laws; illegality cannot be cured.

The petitioner, Hanuman Jairam Naik, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging the...

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Bombay High Court Quashes Regularisation of Unauthorised Construction on Public Drain by Thane Municipal Corporation Commissioner. Commissioner's Order Under MRTP Act and MMC Act Held Arbitrary and Ultra Vires as Construction Obstructed Water Course and Was Not for Genuine Access.

The case involves a writ petition filed by residents of Tarangan Housing Complex, Thane, challenging a regularisation order dated 05 February 2005 iss...

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Bombay High Court Dismisses Petition Challenging Demolition of Unauthorised Construction in Red Zone — Deemed Sanction Under Section 238(6) of Cantonments Act, 2006 Not Available Where Initial Construction Was Illegal and Application Was Not Validly Pursued.

The petitioner, Lekha Ali Shaikh, owned a plot of land in Dehu Road Cantonment, Pune. In 2009, she constructed a 750 sq.ft structure without obtaining...

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Bombay High Court Allows Redevelopment of C-1 Building Despite IBC Moratorium — Development Rights Not Asset of Corporate Debtor. Cooperative Housing Society's Right to Redevelop Its Property Upheld Against Resolution Professional's Interference.

The Petitioner, Kher Nagar Sukhsadan Co-operative Housing Society Ltd., owned a building on land leased from MHADA. In 2005, it entered into a Develop...

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Bombay High Court Allows Petition for Mandamus Directing Authorities to Notify Lapsing of Land Reservation Under MRTP Act. Failure to Acquire Land Within Statutory Period Results in Automatic Deemed Release of Land from Reservation, and No Court Declaration is Required.

The petitioner, Sakharam Mahadev Jadhav (since deceased, represented by his legal heir Kailash Sakharam Jadhav), owned agricultural land in Village Ma...

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Bombay High Court Allows Writ Petitions of Shop Tenants Against BMC and MHADA for Occupation Certificate and Tax Waiver. Developer's Default in Surrendering Area to MHADA Cannot Prejudice Tenants Who Cooperated in Redevelopment.

The petitioners were tenants of shops in a property owned by Mumtaj Begum Shah Mohammed and others, located at Miya Mohamed Chhotani Road, Mahim, Mumb...

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High Court of Karnataka Hears Regular First Appeals Against Trial Court Decree Declaring Will Null and Void and Granting Partition. Appellants Challenge Declaration That Will Dated 30.06.1993 Was Executed Under Suspicious Circumstances; Final Judgment Text Incomplete.

The High Court of Karnataka heard two connected regular first appeals under Section 96 of the Code of Civil Procedure, 1908, against the judgment and ...

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Supreme Court Upholds Right of Co-Occupant to Redeem Mortgage Despite Registered Occupant's Surrender of Occupancy. Surrender Under Section 74 of Bombay Land Revenue Code, 1879 Does Not Affect Non-Surrendering Occupant's Interest Without Authority.

The suit involved redemption of some occupancy lands originally owned and mortgaged by two brothers, S and A, with the khata standing in the name of S...