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Supreme Court Allows Refund of Premium for Unutilized FSI in Land Development Case — Absence of Statutory Bar Permits Refund When Privilege Not Availed. Appellants Paid Premium for Extra FSI but Abandoned Project; Court Held Retention of Premium Without Benefit Amounts to Unjust Enrichment.

The appellants, Prasad Pandurang Tapkir and Shakuntala Pandurang Tapkir, owned agricultural land in Survey No. 103/2/2 of Alandi Taluka, Pune District...

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Bombay High Court Considers State Government's Leave Application for Regularization Policy in PILs. Court Examines Whether Draft Policy Violates MRTP Act and Whether Judicial Review Permits Interference with Policy Decisions.

The proceedings arise from two Public Interest Litigations (PIL No. 80 of 2013 and PIL No. 138 of 2012) before the Bombay High Court. In an earlier or...

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Supreme Court Allows Appeal in Land Acquisition Compensation Case — Directs Shifting of Date for Determining Market Value Due to Inordinate Delay. Compensation to be Determined as on Date of Award Instead of Preliminary Notification Under Section 28 of KIAD Act, 1966.

The appellants, Bernard Francis Joseph Vaz and others, purchased residential sites in Gottigere Village, Bengaluru between 1995 and 1997. On 3rd April...

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Bombay High Court Dismisses Petitioner's Challenge to Land Acquisition Due to 38-Year Delay and Laches. Consent terms entered by petitioner's father in 1966 binding on petitioner; possession taken in 1972; petition filed in 2010 without explanation.

The petitioner, Abhay V. Khinvasara, filed a writ petition under Article 226 of the Constitution of India challenging the acquisition of land bearing ...

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Bombay High Court Allows Municipal Corporation's Petition, Restores Eviction Orders Against Tenants for Subletting Under Section 105-B of Mumbai Municipal Corporation Act, 1888. Tenants failed to prove lawful occupation of alleged subtenants, burden of proof not discharged.

The Municipal Corporation of Greater Mumbai (MCGM) filed a writ petition challenging a common judgment and order dated 31st December 2008 passed by th...