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Bombay High Court Dismisses Appeal Against BMC Demolition Notice for Unauthorized Construction. Notice under Section 351 of BMC Act, 1888 Held Valid as Plaintiff Failed to Prove Title or Authorization.

The appellant, Namdev Pandurang Panchal, filed a suit seeking a declaration that a notice dated 19.10.2001 under Section 351 of the Mumbai Municipal C...

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High Court Dismisses Appeal and Contempt Petition in Demolition Dispute -- Petitioner Challenge to BMC's Demolition Order Under BMC Act Fails, Contempt Allegations Rejected

The Appellant, filed an Appeal against the dismissal of a Notice of Motion seeking an interim injunction to restrain the Brihanmumbai Municipal Corpor...

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Bombay High Court Directs BMC to Provide Alternate Premises to Disabled Petitioner After Illegal Demolition of Stall. License Under Section 394 of MMC Act, 1888 Does Not Authorize Structure on Public Land, but Demolition Without Notice Violates Natural Justice.

The petitioner, Mohd. Sayed Mohd. Salim Nagori Rizvi, a person with 100% hearing disability, filed a writ petition seeking reconstruction of his stall...

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Bombay High Court Dismisses Tenants' Petition Challenging Demolition Notice for Dilapidated Building, Directs LIC to Reconstruct with Tenant Accommodation. The court held that the building was unsafe and required demolition, but LIC must provide alternative accommodation to tenants during reconstruction.

The judgment concerns a writ petition filed by tenants of the General Assurance Building in Mumbai, challenging a notice issued under Section 354 of t...

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Bombay High Court Allows Withdrawal of Writ Petition with Liberty to File Fresh Petition in Municipal Corporation Property Dispute. Court permits petitioners to withdraw petition challenging demolition notice, reserving right to file fresh petition with proper pleadings.

The petitioners, Siesta Industrial & Trading Corporation, M/s JAJ Creations Impex Pvt. Ltd., and Paresh P. Parekh, filed a writ petition before the Bo...

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Bombay High Court Dismisses Appeal Against BMC Demolition of Unauthorized Structure in Jira Galli. Notice Under Section 314 of Mumbai Municipal Corporation Act, 1988 Held Valid as Structure Was on Street and Not on Private Land.

The appellant, Bashir Nazir Sayyed, was the original plaintiff in a suit against the Brihan Mumbai Municipal Corporation (BMC). He resided and ran a b...

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Bombay High Court Dismisses Appeal of Tenant Seeking Alternate Accommodation After Demolition for Road Widening — No Statutory Right to Alternate Site Under Municipal Law.

The appellant, M/s Quality Printing Press, was a tenant running a printing and packaging business in a structure at Sunrise Estate, Kurla West, Mumbai...

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Bombay High Court Dismisses Petitions Challenging Demolition of Illegal Construction in Residential Zone. Unauthorized construction in residential zone without valid development permission is liable for demolition under MRTP Act and BMC Act.

The case involves two writ petitions filed by Sharvan Developers Private Limited and others, and by Jayesh Mehta and others, challenging a demolition ...

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Bombay High Court Dismisses Appeal Against BMC's Alternate Accommodation Offer in Beautification Project. Court upholds BMC's policy requiring deposit of 6 months stallage charges and self-construction of stalls by project affected persons.

The appellants, original plaintiffs, were occupants of commercial structures on land belonging to the Municipal Corporation of Greater Mumbai (BMC) fo...

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Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...