Tag: Bombay High Court

Regulatory

Nine teams to inspect illegal buildings: Thane civic body to Bombay HC

MUMBAI: Thane Municipal Corporation on Thursday told Bombay High Court it has set up nine teams to undertake zone-wise inspection of illegal constructions and will begin with green and no development zones. Justices Girish Kulkarni and Arif Doctor were hearing a petition by senior citizen Subhadra Takle regarding 17 buildings that were erected by land mafia who had usurped her 5.5 acre property at Shil village. On June 12, HC ordered immediate site inspection by a court officer and a judicial inquiry. Senior advocate Ashutosh Kumbhakoni for TMC said the civic body will implement the HC order in its true…

Regulatory

Bombay HC permits slum rehabilitation on up to 65% encroached open space

MUMBAI: Bombay high court on Thursday upheld the validity of a development regulation that permits two-thirds of public open spaces reserved for parks, gardens, playgrounds, etc and which exceed 500 sq m in area to be used for slum redevelopment schemes subject to a condition to keep at least the remaining one-third area vacant. Referring to Development Control and Promotion Regulations (DCPR), 2034, Justices Amit Borkar and Somasekhar Sundaresan said, “The regulation reflects a practical approach to a difficult and long-standing issue, namely that removing all slums may not be possible, and losing all open spaces is not acceptable. It…

Latest StoriesRecent Stories

Supreme Court greenlights razing of 17 illegal buildings on private land in Thane

Representative image NEW DELHI: Supreme Court Tuesday okayed implementation of a Bombay HC order directing demolition of 17 buildings illegally constructed in Thane on private land and said if “such courageous steps” are not taken, the day is not far when Gateway of India will be encroached upon by the land mafia in collusion with the underworld and officials. A partial working day bench of Justices Ujjal Bhuyan and Manmohan refused to stay the demolition order, pursuant to which Thane MC had demolished 8 buildings, on a plea by one Danish Zaheer Siddiqui, who claimed he had purchased a flat…

Regulatory

Bombay HC orders inspection and inquiry into 17 illegally constructed buildings in Thane

MUMBAI: The Bombay high court directed that a senior judicial officer, under full police protection, undertake an inspection of 17 buildings “illegally constructed” in Thane, observing that the case before it was one which would shock the conscience of the court. A division bench of Justices Girish Kulkarni and Arif Doctor said the petition filed by a senior citizen woman was “of land grabbing by a land mafia or land sharks”. The HC, which heard the petition on June 9, also directed Thane principal district judge to appoint a senior judicial officer to initiate an inquiry into the role of…

Latest StoriesRecent Stories

HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai

MUMBAI: The Bombay high court has dismissed appeals filed by the Leela Group against eviction proceedings initiated by the Airports Authority of India (AAI) over its Mumbai plots leased out for building a hotel. The court observed that the lease period expired long ago, and eviction was not an issue amenable to arbitration under the lease agreement between AAI and Leela. Justice Somasekhar Sundaresan dismissed the Leela Group’s appeals and imposed costs of Rs 10 lakh to be paid in four weeks to AAI. The judge cited Leela’s “prolonged enjoyment” of the expired leasehold land and his “assessment of the…

Regulatory

SC asks HC to seek status on landlord-tenant case pendency

MUMBAI: Disposing of an appeal in a landlord-tenant dispute heard in Mumbai courts for 22 years, the Supreme Court has asked Bombay high court to call for a report from concerned courts regarding the period of pendency in such disputes and initiate appropriate steps for expeditious disposal of these cases. “When it comes to landlord-tenant disputes, there is an angle of being deprived of the enjoyment of the property and also the monetary benefits that accrue from owning such property,” the Supreme Court has said. A bench of Justices Sanjay Karol and Manoj Misra was hearing appeals against a Dec…

Rera

Bombay HC slams Maharashtra RERA for reluctance to resume hybrid hearings

representative image MUMBAI: Bombay High Court rapped Maharashtra Real Estate Regulatory Authority (MahaRERA) for functioning only through online hearing and its reluctance to return to hybrid hearings. “What is the difficulty in letting parties appear in person? You will know the grievances of a person face-to-face. Here (online) you don’t know…,” said Justices Revati Mohite Dere and Neela Gokhale on Wednesday. They were hearing a petition by Kandivli resident Mayur Desai to direct RERA to expeditiously pass the order reserved in March 2024 in execution proceedings. On his Dec 2020 complaint against CCI Projects Pvt Ltd over delayed possession of…

Regulatory

Bombay HC upholds society redevelopment despite member’s objection

MUMBAI: The Bombay High Court has dismissed an appeal filed by a resident of a cooperative housing society against a city civil court order that allowed the society’s decision for redevelopment of the building. The approvals granted by the general body of the society are binding on the members, said the HC. The court stated, “Any attempt made by the appellant to raise such objections without challenging the decisions taken by the general body of the society would unnecessarily delay the redevelopment undertaken by the society.” The general body of the society is the supreme authority to make decisions with…