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Supreme Court Dismisses Appeals by Resort Developer Against Prohibition of Construction in Backwater Island. CRZ Notification 1991 Applies to Backwater Islands; No Development Zone Restrictions Upheld.

The Supreme Court dismissed appeals by Kapico Kerala Resorts Pvt. Ltd. challenging a Kerala High Court order that prohibited resort construction on Ne...

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Bombay High Court Quashes Removal of Sarpanch Under Section 39(1) of Maharashtra Village Panchayats Act, 1959 — Lack of Proper Enquiry and Non-Application of Mind. The court held that removal without affording opportunity of hearing and without proper enquiry is unsustainable.

The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 fo...

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Bombay High Court Dismisses PIL Challenging Coastal Regulation Zone Notification for Versova Mangroves — No Violation of CRZ Norms Found. Court held that the impugned notification dated 18.01.2019 was issued after due consideration of all relevant factors and did not violate the CRZ Notification, 2011.

The present Public Interest Litigation was filed by 14 petitioners, including residents of Versova, Mumbai, and the Jai Bharat Cooperative Housing Soc...

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Bombay High Court Allows Petition to Disqualify Panchayat Member for Conflict of Interest Under Goa Panchayat Raj Act, 1994 — Respondent Used Official Position to Obtain NOC for Spouse's Business, Violating Section 10(1)(h).

The petitioner, a resident and voter of Verla Canca village, filed a writ petition under Article 226 of the Constitution seeking a declaration that re...

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Bombay High Court Allows Writ Petition Quashing Reopening of Assessment Under Section 148 of Income Tax Act, 1961 for Assessment Year 2004-05. Mere Change of Opinion Cannot Justify Reopening When All Material Facts Were Disclosed During Original Assessment Under Section 143(3).

The petitioner, Shri Mahila Griha Udyog Lijjat Papad, a society registered under the Societies Registration Act, 1960 and the Bombay Public Trust Act,...

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Bombay High Court Upholds Disqualification of Gram Panchayat Member for Having More Than Two Children Under Section 14(1)(j1) of Bombay Village Panchayats Act, 1958. Children from Both Marriages Counted Regardless of Divorce; Belated Application Does Not Bar Disqualification.

The petitioner, Ashok Balasaheb Chaugule, was elected as a member of the Gram Panchayat of Tardal, Taluka Hatkanangale, District Kolhapur in 2007. Res...

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Bombay High Court Allows Sarpanch's Petition Challenging No-Confidence Motion — Motion Invalid Due to Non-Compliance with Section 35(1)(b) of the Maharashtra Village Panchayats Act, 1959. Gramsevak's Failure to Convene Meeting Within 15 Days Renders Motion Void.

The petitioner, Sow. Gangabai Vithal Bade, was the Sarpanch of Grampanchayat Hadoli. Respondent Nos. 4 to 6 submitted a requisition for a no-confidenc...

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Bombay High Court at Goa Dismisses Petition Challenging Land Acquisition for Rehabilitation of Displaced Person. Acquisition under Section 4 of Land Acquisition Act, 1894 for rehabilitation of respondent no. 4 upheld as valid and not vitiated by malafides.

The petitioners, claiming to be shareholders of the Communidade of Betalbatim (respondent no. 3), filed a writ petition challenging the acquisition of...

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Bombay High Court Allows Petition of Company Challenging Property Tax Demand by Gram Panchayat on Land Within MIDC Area. Gram Panchayat Cannot Levy Tax on Land Already Subject to MIDC Levy Under Section 124 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The petitioner, Bajaj Auto Ltd., a company registered under the Companies Act and engaged in manufacturing two and three wheelers, has its registered ...