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Supreme Court Upholds Ban on Apartmentalisation in Chandigarh Residential Plots to Preserve City's Original Character. Fragmentation of single dwelling units into multiple apartments violates Rule 16 of Chandigarh Estate Rules, 2007 and the Chandigarh Master Plan 2031.

The case involves a Public Interest Litigation filed by the Chandigarh Citizens Forum (appellants) against the Chandigarh Administration and others, s...

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Bombay High Court Allows Writ Petition Challenging Condition No. 5 of NOCs for Redevelopment Projects — Condition Imposing Payment of Expenditure Incurred by Board Held Unauthorized and Without Legal Basis. Court directs refund of amounts paid under protest pursuant to the impugned condition.

The Petitioner, Chandulal Jorawarmal Mehta, a sole proprietor of Mehta Developers, filed a Writ Petition under Article 226 of the Constitution of Indi...

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Bombay High Court Allows Petitions Against Stop Work Notice and Demolition Order in Cantonment Area — Holds That Repair of Old Grant Bungalow Does Not Require Prior Permission Under Revised Land Policy of 1995.

The petitioners, legal heirs of late Smt. Homai Nussarwanji Pudumjee, were occupancy holders of bungalow No.6, Maneckji Mehta Road, Pune, an old grant...

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Bombay High Court Dismisses Petition by Co-operative Society Challenging Orders Allowing Associate Member to Use Terrace. Terrace held to be part of the flat under the Maharashtra Co-operative Societies Act, 1960, and the society cannot restrict its use.

The petitioner, Maitri Park Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging orders...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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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 Dismisses Landlord's Challenge to Cancellation of NOC for Redevelopment Due to Misrepresentation of Tenant Status. Landlord's Failure to Disclose Correct Residential Status of Tenants Renders Permission Void Ab Initio Under DCR 33(7) and MHADA Act.

The petitioners, Dahyabhai Papers & Boards Pvt. Ltd. and another, owned a dilapidated cessed building in Mumbai. They applied for redevelopment under ...