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Bombay High Court Examines Maintainability of Writ Petition Involving Parking Amenity Dispute Under Article 226. Court Finds That Alteration of Parking Amenity Raises Public Law Concerns Requiring Planning Authority to Regard Public Convenience and Safety.

The Bombay High Court adjudicated a writ petition filed by Unity Mall Premises Co-operative Society against Vasai-Virar City Municipal Corporation and...

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Supreme Court Dismisses Appeal Against Refusal to Sanction Variation of Town Planning Scheme. State Government's Refusal to Delete Internal Road Upheld as Valid Exercise of Discretion Under Section 91 of the Maharashtra Regional and Town Planning Act, 1966.

The appeal arose from a judgment of the Bombay High Court dismissing a writ petition filed by the appellant trust. The trust challenged an order dated...

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Bombay High Court Directs MCGM to Consider New Building Proposal Application Under Section 44 of MRTP Act on Merits. The court held that each application must be decided independently and the MCGM cannot refuse to consider a fresh application based on earlier rejections.

The petitioners, Kaalkaa Real Estates Private Limited and its director Kanta Ramchandra Rane, filed a writ petition under Article 226 of the Constitut...

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Madras High Court Dismisses Writ Petitions in Unauthorised Construction Case; Rejects Challenge to Municipal Stop Notices. Petitioners’ failure to obtain prior building plan approval rendered the construction wholly unauthorised, warranting issuance of stop notices by the Commissioner.

The petitioners in two writ petitions challenged stop notices dated 27.05.2024 issued by the Commissioner, Vaniyambadi Municipality, contending that t...

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Madras High Court Dismisses Builder's Challenge to Demolition Notice for Unauthorized Construction in Chennai. Court Holds Regularization is Not an Absolute Right; Unauthorized Commercial Floors Constructed Beyond Approved Plan Must Be Demolished Under Tamil Nadu Town and Country Planning Act.

The petitioner, a construction company, challenged a removal notice issued by the Chennai Metropolitan Development Authority (CMDA) dated 28.11.2023, ...

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Bombay High Court Directs Issuance of Occupation Certificate for Committed Development Under UDCPR Regulation 5.1.3. Development Permission Granted Before Draft Regional Plan Publication Protects Builder's Right to Occupation Certificate Despite Subsequent Agricultural Reservation in Regional Plan.

The petitioner, Raj Realtors, a partnership firm, constructed ten buildings comprising 446 residential and 20 commercial units on land at Mouje Pashan...

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Gujarat High Court Dismisses PIL Challenging Town Planning Scheme Notices for Alleged Environmental Damage. Challenge to Notices Under Gujarat Town Planning and Urban Development Act, 1976 Held Not Maintainable Due to Availability of Alternative Remedy and Lack of Bonafides.

The present petition was filed as a Public Interest Litigation by Sultanabad Bhimpore Social and Environment Protection Trust and others against the S...

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Supreme Court Allows Appeal by Housing Board Against Quashing of Layout Plan Modification. Statutory Modification of Layout Plan Not Subject to Promissory Estoppel When Procedure Followed Under Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

The case involves an appeal by the Madhya Pradesh Housing and Infrastructure Development Board against a High Court judgment that quashed the modifica...