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Bombay High Court Allows Appeals by Tenants Against Eviction Orders in Redevelopment Dispute — Held That Tenants Cannot Be Evicted Without Proper Rehabilitation Under MHADA and Cooperative Housing Society Bye-Laws.

The judgment pertains to a group of appeals filed by tenants (Pramod Jamnadas Gokani, Upendra Lallubhai Shah, Priti Pramod Gokani, and Kamlesh Jayant ...

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Bombay High Court Allows Writ Petition Challenging MHADA's Refusal to Register Proposed Cooperative Housing Society Under Section 22 of MHADA Act, 1976 — Held That a Proposed Society Is Entitled to Seek Registration and the Authority Cannot Refuse on Grounds of Non-Completion of Construction.

The petitioners, Bhartiya Vidya Bhavan (Bavla Compound) Co-op. Housing Society (proposed) and its promoters, along with Darshan Developers, filed a wr...

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Bombay High Court Upholds Eviction of Tenant for Unauthorized Subletting and Misuse of Premises Under MHADA Act. Tenant failed to prove lawful sub-tenancy and used residential premises for commercial purposes, violating terms of allotment.

The petitioner, Dr. Ashok Trivikram Wagle, was a tenant of a residential premises owned by the Maharashtra Housing and Area Development Authority (MHA...

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Bombay High Court Quashes MHADA Order Refusing Commencement Certificate Based on Ministerial Assurance. Ministerial Assurance Cannot Override Statutory Provisions Under Maharashtra Housing and Area Development Act, 1976.

The petitioner, Rustomjee Realty Private Limited, a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of the...

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Bombay High Court Quashes MHADA Order in Redevelopment Dispute — Upholds Developer's Right to Fair Hearing. Section 95A of MHADA Act, 1976 Requires Compliance with Natural Justice Before Revoking Development Rights.

The petitioners, M/s Darshan Jayant Builders (a partnership firm) and its partner Pritesh M. Jain, filed a writ petition under Article 226 of the Cons...

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Bombay High Court Dismisses Writ Petition Challenging Transfer Order of MHADA Employee — Transfer Held to Be Administrative Decision Not Subject to Strict Judicial Review Unless Mala Fide or Violative of Statutory Rules.

The petitioner, Balkrishna Dattatraya Joshi, was an employee of the Maharashtra Housing and Area Development Authority (MHADA) working at Dhule. He wa...

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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...