Search Results for "mandatory open space"

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Bombay High Court Dismisses Petitions Challenging Demolition of Unauthorized Constructions in Shirdi — Held That No Notice Under Section 53 of the Maharashtra Regional and Town Planning Act, 1966 Is Required Before Demolition of Unauthorized Structures Under Section 52.

The judgment concerns two writ petitions filed by residents of Shirdi challenging the demolition of their structures by the Shirdi Nagar Panchayat. Th...

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Bombay High Court Dismisses Society's Petition Challenging Mandatory Injunction in Favour of Flat Purchasers. Co-operative Housing Society Cannot Deny Membership to Purchasers from Developer Without Following Bye-Laws and Natural Justice.

The petitioner, Royal Manor Co-operative Housing Society Ltd., filed a writ petition under Article 227 of the Constitution of India challenging an ord...

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Injunction Suit Not Maintainable When Title Is Disputed

The High Court of Karnataka held that when title to immovable property is disputed, a suit for mere permanent or mandatory injunction is not maintaina...

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Bombay High Court Dismisses Petition Challenging Membership Grant to Flat Purchaser in Cooperative Housing Society. Section 23(2) of Maharashtra Cooperative Societies Act, 1960 mandates admission of purchaser as member upon transfer of share and interest in property.

The petitioner, Punam Cooperative Housing Society Ltd., challenged an order dated 31.3.2019 passed by the Divisional Joint Registrar, Cooperative Soci...

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Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance and Injunction — Applicant Claiming Title Through Subsequent Agreement Must Be Heard Before Final Orders.

The judgment arises from a chamber summons filed by Mugwort Land Holdings Pvt. Ltd. seeking impleadment as a party defendant in Suit No. 2823 of 2006,...

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Supreme Court Dismisses Appeals Against High Court Order Protecting Open Spaces in JVPD Scheme. Layout Reservation of 1967 Prevails Over Development Plan of 1999 Under DCR.

The Supreme Court dismissed appeals against the Bombay High Court judgment that declared two plots in JVPD Scheme, Mumbai, as mandatory open spaces an...

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Bombay High Court Dismisses Suit for Declaration and Injunction in Property Dispute — Plaintiffs Fail to Prove Title and Possession. Court holds that mere possession of property documents does not establish ownership and that plaintiffs must prove their title independently.

The plaintiffs, claiming to be owners and in possession of a plot of land in Ghatkopar, Mumbai, filed a suit for declaration of ownership and permanen...