Tag: Bombay High Court

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Bombay HC: Flat Buyers Get Monthly Interest Under RERA Delay

MUMBAI: On Monday, the Bombay High Court ruled that under the Real Estate (Regulation and Development) Act (Rera), buyers have an unequivocal right to receive interest monthly for possession delays. Justice Madhav Jamdar stated that the law aims to protect buyers from delays and ensure timely construction. Developers cannot postpone possession indefinitely while evading the consequences mandated by Rera. Therefore, buyers who remain invested in a project despite delays are entitled to interest for each month of delay until they receive possession. Ten buyers sought compensation due to a delay in a Mulund project booked between 2005 and 2007. An…

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SC: NMMC Can Collect Property Tax in Thane-Belapur Belt

NAVI MUMBAI: The Supreme Court ruled on Wednesday that the Navi Mumbai Municipal Corporation (NMMC) has the authority to collect property tax in the Thane Trans Creek-MIDC area, commonly referred to as the Thane-Belapur industrial corridor. This decision, stemming from a case brought forth by the Small Scale Entrepreneurs Association (SSEA) regarding the Thane Trans Creek-MIDC area, allows NMMC to impose property taxes on more than 3,000 industries in the corridor. In 2001, the SSEA petitioned the Bombay High Court against NMMC’s property tax orders, arguing a jurisdictional dispute since MIDC also charged service fees in the area. The High…

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Bombay HC Rejects Tenants’ Request to Add Builder in Petition

MUMBAI: The Bombay High Court has rejected a request from 52 tenants of a demolished building in Ghatkopar (W) to include a new developer in their redevelopment petition, imposing a cost of Rs 5 lakh on them. In their ruling on Wednesday, Justices Ajey Gadkari and Kamal Khata observed, “It prima facie appears that the current application is moved and financed by the proposed respondent (developer) to establish an unenforceable right against the landlords and original developer.” In February 2024, the tenants had urged the HC to speed up the redevelopment of Kamla Bhuvan, a dilapidated structure on LBS Marg,…

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Maharashtra to Challenge Bombay HC Ruling on Mira-Bhayander Land

MUMBAI: The Maharashtra government intends to challenge the Bombay High Court’s directive to transfer approximately 254.88 acres of land in Mira-Bhayander, Thane district, to two developers, as stated by Revenue Minister Chandrashekhar Bawankule on Saturday. The High Court ruled in favor of The Estate Investment and Mira Real Estate Developers regarding land valued at crores of rupees, according to an official statement. Bawankule affirmed, “The land is owned by the state. We will robustly present our case in the Supreme Court to ensure it remains in government hands,” announcing plans to file a Special Leave Petition against the April 30…

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Bombay HC Panel: 400K Residents in Risky Buildings

MUMBAI: A committee appointed by the Bombay High Court has described it as a “miracle” that thousands of residents are still living in structurally unsafe buildings. The report raises serious concerns about the deteriorating condition of Mumbai’s ageing cessed structures, citing significant delays in redevelopment and a critical shortage of rehabilitation housing. The committee estimates that around 400,000 tenants occupy 12,552 cessed buildings in Mumbai, many of which are in poor condition and awaiting redevelopment. Prolonged legal disputes and insufficient transit accommodation have forced residents to remain in these unsafe environments. The risks were starkly highlighted when committee members narrowly…

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Bombay HC: Late NOC requests for construction near defense sites invalid

MUMBAI: The Bombay High Court has ruled that a no objection certificate (NOC) for construction near defense installations cannot be insisted upon after the fact. The court ordered relevant authorities to issue an occupancy certificate for two residential buildings near INS Trata. The bench, comprising Justices G S Kulkarni and Aarti Sathe, noted in a ruling on May 5 that requirements for an NOC from defense authorities should be applied in a fair and reasonable manner as per legal standards. The court mentioned that if claims regarding security concerns from the defense were valid, proactive measures should have been taken…

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Bombay HC directs Maharashtra to refund ₹3 lakh stamp duty

MUMBAI: The Bombay High Court has ordered the state government to refund Rs 3 lakh in stamp duty to a homebuyer who accidentally paid the amount under an incorrect stamp duty category. The petitioner, represented by advocate Charanjeet Singh Chandrapal, had purchased electronic stamps in March 2018 for registering a flat purchase agreement. However, due to an error, he selected the wrong option instead of “Non-Judicial Stamps.” When he sought a refund, his application was denied by the Collector of Stamps in Borivli, citing a delay of two months and eight days beyond the six-month statutory limit. Both the Collector…

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Bombay HC Upholds Valor Estate Subsidiary’s 205-Acre Title

NEW DELHI: On April 30, the Bombay High Court dismissed an appeal from the Union of India through its Salt Department, rejecting the government’s claim of ownership over around 205 acres of land in Bhayandar village, within the Mira Bhayandar Municipal Corporation area of Thane district. The land is currently owned by Miraland Developers, a subsidiary of Valor Estate (formerly DB Realty). This dispute stems from an 1870 indenture, wherein the Secretary of State for India in Council granted a 999-year lease of about 3,688 acres encompassing Bhayandar, Ghodbunder, and Mira to a private entity. The lawsuit involves approximately 220-227…

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Bombay HC Orders Demolition of Ulhasnagar Tower Over Fraudulent Permits

MUMBAI: The Bombay High Court has upheld the Ulhasnagar Municipal Corporation’s order to demolish the 16-storey “Jhalak Paradise” building in Ulhasnagar, rejecting a petition from the developer and criticizing both the builder and civic officials for allegations of fraud and significant violations. Justices Kamal Khata and A.S. Gadkari mentioned that the petitioners had “clearly misled the Corporation and obtained approvals unlawfully.” The court further pointed out that the Ulhasnagar Municipal Corporation officials neglected to verify documents before giving permissions. Inconsistencies in the developer’s claims were noted by the bench. Although the petitioners referenced a 2021 report indicating that the plot…

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Bombay HC: Mhada Can Use Unclaimed Patra Chawl Flats for Housing

MUMBAI: The Bombay High Court stated on Friday that sufficient time has been provided for all members of the Goregaon Siddharth Nagar Sahakari Griha Nirman Sanstha Limited society to take possession of their tenements. If members fail to act by April 30, 2026, the court will allow the MHADA to repurpose these tenements for public housing. The court also allotted time for society members to address ongoing legal disputes related to the Patra Chawl redevelopment. Any member wishing to occupy flats in the future can be granted possession after providing a three-month notice, according to the HC’s division bench, comprising…