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High Court Considers Challenge to Notices Under Disaster Management Act for Drain Construction on Private Land. The Court Examines Whether the Action Constitutes Flood Mitigation or Acquisition Requiring Compensation Without Following Land Acquisition Procedures.

The matter arose from three writ petitions filed before the High Court of Judicature at Bombay, Circuit Bench at Kolhapur, by owners of agricultural l...

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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 Dismisses Writ Petition Challenging Concurrent Findings in Rent Fixation Dispute Between Co-operative Society and Member. Maharashtra Rent Control Act Held Applicable to Industrial Co-operative Society's Premises Despite Society's Bye-laws.

The petitioner, The Ichalkaranji Industrial Co-operative Estate Ltd., a society registered under the Maharashtra Co-operative Societies Act, challenge...

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Bombay High Court Allows Appeal by Cooperative Society Against Injunction in Suit for Declaration and Injunction Regarding Corporation Notice Under MMC Act — Held That Trial Court Failed to Consider Prima Facie Case and Balance of Convenience.

The appellant, Jaywant Industrial Premises Co-Operative Society Ltd., was a defendant in L.C. Suit No.825 of 2019 filed by the respondent, Sangeeta Ke...

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Bombay High Court Quashes Seizure and Fine in Minor Mineral Transport Case — Tractor Carrying Murum for Filling Potholes Not Illegal Mining. Use of Tractor for Personal Purpose Without Royalty Receipt Does Not Attract Penalty Under Maharashtra Land Revenue Code, 1966.

The petitioners, Prakash Tumdu Chaudhari and Sujit Prakash Gujrati, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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High Court of Karnataka Dismisses Appeal Challenging Withdrawal of Labour Welfare Cess Exemption for SEZ Developers. The court held that the exemption was a concession and could be withdrawn by the government, and the appellant had no vested right to its continuation.

The appellant, M/s. Primal Projects Limited, a company engaged in constructing and developing IT parks in Special Economic Zones (SEZ), challenged the...

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Bombay High Court Hears Appeal from Order Challenging Injunction Against Builder's Construction on Redeveloped Plot. Consent of Flat Purchasers and Right to Use Additional FSI Questioned.

The matter arose from a civil suit filed by forty-three flat purchasers against the promoter/builder, M/s. Noopur Developers, seeking a permanent inju...

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Bombay High Court Dismisses Petition Challenging Mining Lease Recommendation Under Section 11(3) of Mines and Minerals Act. The Court upheld the Minister's recommendation for grant of mining lease to respondent no.3, finding no violation of natural justice or procedural irregularity.

The petitioner, M/s Veet Rag Homes Private Limited, challenged the order dated 25.4.2008 of the Minister (Industries & Mining) recommending grant of m...