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Search Results for "municipal demolition"

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High Court

Bombay High Court Dismisses Appeals Against Demolition of Unauthorized Structures in Gaothan Areas — Municipal Corporation's Action Upheld as Valid Exercise of Power Under Section 351 of the Mumbai Municipal Corporation Act, 1888. The court held that the summary power under Section 351 does not require prior notice and the trial court's interim injunction was without jurisdiction.

5 Jul 2018

The case involves multiple appeals filed by various appellants against the Municipal Corporation of Greater Mumbai and another respondent, challenging...

High Court

Bombay High Court Allows Appeal by Municipal Corporation in Property Dispute Over Road Widening Compensation. Promise to Sanction Additional FSI Held Not Binding Without Consideration and Formal Approval.

22 Dec 2017

The Thane Municipal Corporation (appellant) appealed against a judgment and decree dated 10.3.2005 passed by the Civil Judge Senior Division, Thane in...

High Court

High Court of Karnataka Dismisses Shopkeepers' Appeal Against Demolition of Unauthorized Shops in Mudhol Market. Held that shopkeepers who constructed shops without obtaining building license or permission from the City Municipal Council are not entitled to any relief against demolition under the Karnataka Municipal Corporations Act, 1976.

13 Jun 2017

The case involves a batch of writ appeals filed by 15 shopkeepers (appellants) against the Commissioner of the City Municipal Council, Mudhol, challen...

High Court

Karnataka High Court Allows Appeals Against Demolition of Building in Cunningham Cross Road, Holding That Show-Cause Notice and Demolition Order Were Invalid for Non-Compliance With Natural Justice and Lack of Proper Hearing Under Karnataka Municipal Corporations Act, 1976. The court set aside the demolition order and directed fresh proceedings with proper hearing.

14 Mar 2017

The case involves multiple writ appeals filed by Sri Shantesh Gureddi and others, and M/s Roerich Hotels Pvt Ltd, against the Commissioner and Assista...

High Court

Bombay High Court Allows Petitions Challenging Demolition Notices Issued by Nagpur Improvement Trust for Alleged Unauthorized Construction. Court holds that show cause notices under Section 53 of the Nagpur Improvement Trust Act, 1936 must be served on the owner or person in possession, and that the Trust cannot demolish without giving an opportunity of hearing.

19 Mar 2012

The judgment concerns three writ petitions filed by owners of flats in Nagpur challenging demolition notices issued by the Nagpur Improvement Trust (N...

High Court

Bombay High Court Allows Second Appeal in PMC Compound Wall Demolition Case — Construction Prior to Inclusion in Municipal Limits Not Subject to Section 478 Notice. Notice under Section 478 of BPMC Act, 1949 cannot be issued for a wall constructed before property came within municipal limits; alternatively, such notice cannot be construed as one under Section 260.

19 Oct 2011

The appellant, Ninad Sah. Gruharachana Sanstha Mydt., owned a property in Pune. In 1969, before the property was included within the limits of the Pun...

High Court

Bombay High Court Dismisses Petition for Mandamus to Re-erect Shed Demolished by Municipal Corporation. Petitioner Failed to Establish Right to Re-erection After Demolition of Dilapidated Structure Without Proper Permission.

16 Aug 2005

The petitioner, Shriram Ramphal Patel, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against the Mun...

High Court

Bombay High Court Dismisses Appeal in Municipal Corporation Dispute — Suit Barred by Limitation. Notice under Section 351 of Mumbai Municipal Corporation Act, 1888 issued in 1994; suit filed in 2001 held time-barred as cause of action arose on notice date.

16 Jun 2005

The appellant, Satish Dalichand Shah, claimed to be a monthly tenant of a shop premises in Mumbai. On 23rd May, 1994, the Municipal Corporation of Gre...

High Court

Bombay High Court Dismisses Petition Challenging Demolition Notice for Unauthorized Structures on Municipal Land. Petitioners failed to establish title or tenancy rights over land owned by Municipal Corporation, and structures were unauthorized under Section 351 of the Mumbai Municipal Corporation Act, 1888.

11 Apr 2005

The petitioners, Rajdev Shivcharan Maurya and another, filed a writ petition challenging a notice issued by the Municipal Corporation of Greater Mumba...

High Court

Bombay High Court Allows Appeal Against Municipal Demolition Order — Violation of Natural Justice and Lack of Notice. Court sets aside demolition of commercial structure under Section 351 of the Mumbai Municipal Corporation Act, 1888, holding that no prior notice or opportunity of hearing was given to the appellant.

30 Nov -0001

The appellant, M/s. Afsana Enterprises, a proprietorship firm, filed an appeal against an order of the Assistant Municipal Commissioner and others, ch...

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