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Bombay High Court Allows Writ Petition, Sets Aside Executing Court Order Declining Injunction Due to Functus Officio. Executing Court Retains Jurisdiction Under Section 47 CPC Even After Sending Precept to Collector for Partition, Can Grant Ancillary Reliefs.

The dispute arose from a protracted partition litigation spanning nearly six decades. A decree for administration of an estate and partition was pass...

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Bombay High Court Dismisses Petition of Company Seeking Mandamus to Permit Construction of Captive Jetty and Cement Plant in Mangrove Area. Court holds that prior environmental clearances are mandatory and the petitioner cannot circumvent the directions in PIL No.87/2006.

The petitioner, Adani Cementation Limited, a company incorporated under the Companies Act, 2013 and part of the Adani Group, filed a writ petition see...

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Supreme Court Dismisses Appeal of Builder in Environmental Clearance Case for Failure to Follow Expansion Procedure. Increase in Construction Area Beyond Prior EC Requires Fresh Environmental Clearance Under EIA Notification, 2006.

The present civil appeal arises from an order of the National Green Tribunal (NGT) dated 11 February 2019, which held that the increase in total const...

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Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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Madras High Court Dismisses Builder's Challenge to Demolition Notice for Unauthorized Construction in Chennai. Court Holds Regularization is Not an Absolute Right; Unauthorized Commercial Floors Constructed Beyond Approved Plan Must Be Demolished Under Tamil Nadu Town and Country Planning Act.

The petitioner, a construction company, challenged a removal notice issued by the Chennai Metropolitan Development Authority (CMDA) dated 28.11.2023, ...

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Bombay High Court Considers Petitions Against Royalty Demands for Excavation During Building Construction Under Section 48 of Maharashtra Land Revenue Code. Petitioners Argue Excavation Incidental to Permitted Construction Does Not Constitute Mining.

The Bombay High Court heard four writ petitions challenging the demand of royalty and penalty by revenue authorities for excavation carried out during...