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Bombay High Court Upholds Tenants' Right to Park in Building Compound as Part of Leasehold Rights — Injunction Granted Against Landlord's Interference. Parking rights held to be incidental to tenancy where rent includes parking charges and tenants have used open space from inception.

The appeal arises from a suit filed by Respondent Nos.1 to 10 (original Plaintiffs) seeking a permanent injunction against the Appellant, United India...

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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...

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Supreme Court Upholds High Court Decision on Public Parking Lot and FSI Computation in Mumbai Building Project. The Court held that construction of public parking lot above plinth level without valid commencement certificate was illegal, and remanded FSI computation issues for fresh consideration.

The case involves a dispute over the construction of a residential building and a public parking lot (PPL) by Shree Ram Urban Infrastructure Ltd. (SRU...

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Bombay High Court Examines Maintainability of Writ Petition Involving Parking Amenity Dispute Under Article 226. Court Finds That Alteration of Parking Amenity Raises Public Law Concerns Requiring Planning Authority to Regard Public Convenience and Safety.

The Bombay High Court adjudicated a writ petition filed by Unity Mall Premises Co-operative Society against Vasai-Virar City Municipal Corporation and...

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Bombay High Court Dismisses PIL Challenging TDR Loading and FSI Computation for Redevelopment Project. Court upholds MCGM's permission for TDR and fungible FSI, finding no illegality or public interest violation.

The petitioner, Nitesh Mohanlal Doshi, filed a Public Interest Litigation under Article 226 of the Constitution of India challenging the permission gr...

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Bombay High Court Dismisses Developer's Challenge to Arbitral Award Rejecting Claim Over Stilt Parking Spaces. Court upholds arbitrator's interpretation that development agreement did not grant developer right to sell stilt car parking lots.

The petitioner, M/s. M. Mamotra Associates, a developer, entered into a Development Agreement dated 20 February 2006 with the respondent, Leela Raj 'A...

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Bombay High Court Upholds Cantonment Board's Pay-and-Park Scheme on MG Road, Pune — Scheme Intra Vires Due to Incidental Powers Under Cantonment Act, 1924. Bye-law 43 and Rule 46 Confer Authority to Regulate Traffic and Levy Parking Fees, Not Violative of Article 19(1)(g).

This writ petition under Article 226 of the Constitution of India challenged a pay and park scheme introduced by the Pune Cantonment Board on Mahatma ...