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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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High Court Dismisses Developer's Petition for Interim Relief and Arbitrator Appointment in Redevelopment Dispute -- Section 9 and Section 11 of Arbitration Act Applications Denied

The High Court dismissed both petitions filed by Petitioner against Respondents -- The Petitioner sought interim measures under Section 9 of the Arbit...

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Bombay High Court Hears Writ Petition Challenging Charity Commissioner’s Sanction for Sale of Trust Property. Court’s Determination Not Included in the Provided Judgment Fragment.

The matter arose from an application filed by the trustees of a registered public trust before the Charity Commissioner seeking prior sanction for sal...

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High Court of Bombay Examines Writ Petitions Against Slum Rehabilitation Permissions — Earlier Appeals Under Section 35 of Maharashtra Slum Areas Act Dismissed. Developer Contends Petitioners Lack Locus Standi as Only Minority of Society Members Objected.

The case involved two writ petitions filed by certain members of registered co-operative housing societies, namely Hanuman Hitwardhak SRA CHS Ltd., Ek...

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Bombay High Court Dismisses Petitions Challenging MCGM's Condition of 100% Tenant Consent for Redevelopment of Dilapidated Buildings. Clause 1.15 of C-1 Guidelines Requiring Permanent Alternate Accommodation Agreements with All Tenants as Precondition for Commencement Certificate is Valid and Enforceable.

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the condition imposed by the Municipal Corpo...

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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Grants Interim Injunction Restraining Construction in Property Dispute Among Family Members. Alleged Breach of Development Agreement and Illegal Construction on Common Property Leads to Status Quo Order.

The dispute arises out of a family arrangement among the Motwane family members regarding a larger property at Khar, Mumbai. On 31st March, 1990, the ...

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Bombay High Court Dismisses Appeal Against Municipal Corporation's Action to Remove Unauthorized Vertical Extension in Notified Slum. Unauthorized Construction Cannot Be Protected Merely Because It Is Situated in a Slum Area.

The appellant, Mujibur Rehman Chaudhary, filed a civil suit in the City Civil Court at Bombay challenging a notice dated 31 December 2019 issued by th...

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Bombay High Court Restrains MMRDA from Taking Coercive Actions in Writ Petition Challenging Penalty Demand for Construction Delay; Lease Deed Clauses on Time Limit and Additional Built-Up Area Interpreted

The petitioners, Raghuleela Builders Private Limited and Reliance Industries Limited, filed a writ petition before the Bombay High Court challenging t...

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Bombay High Court Adjudicates Dual Proceedings on Cooperative Housing Society Dispute Over Change of User and Structural Alterations. The Court Examines Legality of Converting Residential Flats to Nursing Home and Making Additions Without Consent Under Maharashtra Ownership Flats Act, 1963.

The matter involved two consolidated proceedings: a writ petition under Article 227 of the Constitution of India challenging an order of the Maharasht...