Tag: Bombay High Court

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Bombay HC raps officer for canceling NOC after 10 floors built

MUMBAI: The Bombay High Court criticized the chief officer (CO) of Mhada’s Mumbai Building Repairs and Reconstruction Board for revoking a No Objection Certificate (NOC) for the redevelopment of a building in Tardeo. So far, ten out of the proposed sixteen floors have been constructed. “There is a growing trend among individuals to appeal to public officials with substantial powers related to constructions and projects involving significant investments,” stated Justices Girish Kulkarni and Aarti Sathe on February 17. The developer, Kumar Agro Products Pvt Ltd, contested CO Milind Shambarkar’s October 13, 2025, decision that annulled the NOC initially granted in…

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Bombay HC: Co-op Societies Can’t Resolve Flat Succession Disputes

MUMBAI: The Bombay High Court criticized the divisional joint registrar of cooperative societies (Mumbai) for overturning an order that granted a man membership in a Peddar Road housing society. On February 9, Justice Amit Borkar stated that the authority under the Maharashtra Co-operative Societies Act is responsible for membership regulation, clarifying that it is not a civil court dealing with inheritance disputes. “The revisional authority exceeded its jurisdiction by reversing the membership order based on grounds outside the limited scope of such proceedings,” he remarked. In 1974, Pravinkumar Dave’s father nominated him as a minor for a flat and garage…

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Bombay HC Upholds Deemed Conveyance for Commercial Society

MUMBAI: On Wednesday, the Bombay High Court upheld a deemed conveyance awarded by a deputy registrar to a commercial cooperative society in Andheri East. The court ruled that a law established for public interest cannot be superseded by a contract between a builder and flat purchasers that allows the builder to retain development rights over the land. Krishna Developers challenged the deemed conveyance granted to Corporate Centre Premises Co-operative Society Ltd., which represents the unit owners of three buildings registered in 2007. The builder’s lawyer argued for executing the conveyance while reserving specific rights under the agreements with flat purchasers.…

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SC asks Maharashtra govt, civic body to respond on slum rehab plea

File photo NEW DELHI: On Monday, the Supreme Court sought responses from the Maharashtra government and the Municipal Corporation of Greater Mumbai regarding a petition that challenges a Bombay High Court ruling allowing slum rehabilitation schemes on plots originally designated for parks, gardens, and playgrounds. On June 19, 2025, the Bombay High Court upheld the legitimacy of a regulation concerning slum rehabilitation schemes, seeking to balance Mumbai’s critical need for green spaces with the constitutional right to shelter. It endorsed Regulation 17(3)(D)(2) of the Development Control and Promotion Regulations (DCPR) 2034, which permits the execution of slum rehabilitation schemes on…

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HC Urges Nagpur Civic Body to Tackle Illegal Buildings by Vidhan Bhavan

NAGPUR: Following years of judicial scrutiny and administrative inaction, the Nagpur Municipal Corporation (NMC) has initiated the demolition of unauthorized structures in two notable buildings — one located opposite the Vidhan Bhavan in Civil Lines and the other in Sadar. This decision follows pointed remarks from the Nagpur Bench of the Bombay High Court. During a court hearing on Thursday, the NMC, represented by counsel Jemini Kasat, announced that it had issued notices to the building owners, mandating the removal of illegal constructions within 15 days. Should they fail to comply, the NMC will proceed with demolition on the 16th…

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No Occupation Certificate Without Sewage Plant: Bombay HC to Maharashtra

MUMBAI: The Bombay High Court has instructed all civic authorities in Maharashtra to withhold the issuance of Occupancy Certificates (OC) for any structure until developers comply with building permissions and establish effective sewage management. A bench composed of Justices Ravindra Ghuge and Abhay Mantri acknowledged the significant issues arising from sewage dumping into the Ulhas River, noting the absence of adequate Sewage Treatment Plants (STPs) at 438 purported unauthorized structures in Thane district. The court was considering a petition from a Badlapur resident highlighting illegal constructions by a developer. It mandated that the municipal council must take action to curb…

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660+ construction sites still lack air quality monitors, BMC tells HC

Representative AI image MUMBAI: The BMC has informed the Bombay High Court that sensor-based air quality monitors have yet to be installed at 662 of the 1,954 ongoing construction sites within its jurisdiction. In response to a December 24 order from the court to provide status reports showing tangible improvements in Mumbai’s pollution levels, the BMC submitted a reply affidavit. According to Avinash Kate, chief engineer (environment and climate change), the BMC has activated its action plan for the next 15 days. The affidavit also mentioned that showcause and stop-work notices were issued at construction sites failing to comply with…

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Bombay HC Halts BMC’s Demolition of Rakhmabai Mhatre Chawl Homes

MUMBAI: The Bombay High Court has strongly criticized the Municipal Corporation of Greater Mumbai (BMC) for its demolition notices targeting six longstanding residents of Rakhmabai Mhatre Chawl in Mulund (East), categorizing the actions as “vague, arbitrary, malafide, and a misuse of power.” Justice Milind N Jadhav, in a ruling made on January 5, 2026, granted six Appeals From Orders filed by the residents: Anita Ashok Mapuskar, Amol Pandharinath Vedak, Manik Gajanan Thakur, Rajkumar Gamandas Ramchandani, Pushpalata Pandurang Ale, and Sudhir Sambhaji Jadhav. The court provided them absolute protection from any coercive measures from the BMC until their civil suits are…

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HC criticizes MHADA for delaying Pune housing society redevelopment

PUNE: The Bombay High Court (HC) has criticized MHADA officials for “overstepping their authority” by misinterpreting the Chief Minister’s (CM) comment regarding a letter from BJP’s Kasba Peth MLA Hemant Rasne. The officials construed it as a stay on the redevelopment of the Sunglory housing cooperative and a proposal for the Nutan housing cooperative in Sadashiv Peth. The bench, comprised of Justice Girish Kulkarni and Justice Aarti Sathe, noted on December 23 the “extra-legal interference” by MLA Rasne, aimed at “pressuring MHADA officials” regarding this matter. The Court ruled that MHADA’s no-objection certificate (NOC) for the Sunglory housing cooperative, issued…

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Bombay HC Forms Panel to Settle Khar Danda Koliwada Land Dispute

MUMBAI: The Bombay High Court has established a three-member committee to address a land dispute at Danda Koliwada, Khar West, where a slum rehabilitation scheme is in progress. Part of this land is utilized by the Koli community for drying fish and nets. Justices Girish Kulkarni and Aarti Sathe instructed the additional principal secretary of the urban development department, along with the suburban collector and the CEO of the Slum Rehabilitation Authority, “to resolve the issue after hearing both parties and considering a fresh demarcation of the land, taking into account the traditional rights of the petitioners.” The judges emphasized…