Tag: Bombay High Court

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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…

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Bombay HC: Higher FAR Approvals Await Case Outcome

Sure, here’s a rewritten version of the content: PANAJI: On Wednesday, the Bombay High Court indicated that all approvals for additional Floor Area Ratio (FAR) and height granted by the Town and Country Planning (TCP) would hinge on the resolutions of ongoing petitions before the court. The court instructed that the TCP board must include a clause in these approvals, emphasizing that the applications would be contingent upon the outcomes of the petitions. Final hearings for these petitions, which challenge the amendments to the Goa Land Development and Building Construction Regulations from August 2023, have been scheduled for June 15.…

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Bombay HC Orders MMRDA to Refund ₹646 Crore to Reliance

MUMBAI: The Bombay High Court has ordered the Mumbai Metropolitan Region Development Authority (MMRDA) to refund ₹646 crore imposed on Reliance Industries Limited (RIL) as a penalty for an alleged seven-year delay in completing a convention and exhibition centre and commercial complex in Bandra Kurla Complex (BKC). The court invalidated two penalty demand notices from MMRDA—one from 2017 for ₹646 crore and another from 2019 for ₹1,116 crore, with the latter being stayed by the court in 2020. The High Court criticized MMRDA for collecting ₹646 crore from RIL in February 2019 in a manner deemed “arbitrary, high-handed, unfair, and…

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Bombay HC Upholds Altamount Road Redevelopment, Dismisses PIL

MUMBAI: The Bombay High Court confirmed the permissions for a 16-story redevelopment of a tenanted cessed structure from 1940 on Altamount Road, dismissing a public interest litigation (PIL) filed in 2013 challenging it. The PIL, submitted by the Altamount Road Area Citizens Committee, alleged that the permissions were granted illegally and arbitrarily, establishing a “wrong and dangerous precedent.” The state contended that the permissions were lawful, an assertion with which the High Court concurred, stating that the PIL appeared to target the builder rather than address genuine public concerns. Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad stated in their…

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Bombay HC backs ₹1 lakh payout for illegal tenement demolition

MUMBAI: The Bombay High Court has reaffirmed an April 2021 ruling by the Maharashtra State Human Rights Commission (SHRC), which mandated that the Maharashtra Housing and Area Development Authority (Mhada) pay Rs 1 lakh in compensation to a Jogeshwari resident. This ruling stems from allegations of human rights violations after the demolition of his structure without prior notice, despite it being labeled as an “unauthorized tenement.” The High Court referenced a Supreme Court decision underscoring that the right to shelter is a fundamental aspect of Article 21 of the Constitution—the right to life and liberty— which can only be revoked…

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Bombay HC: Nagpur Builder to Pay ₹41 Lakh for Demolition

NAGPUR: The Nagpur bench of the Bombay High Court has ordered builder N Kumar to pay ₹41.37 lakh within two weeks for the demolition of illegal structures at Poonam Chambers and Poonam Tower. A division bench, led by Justices Anil Pansare and Nivedita Mehta, issued this directive following detailed cost estimates presented by the civic authority. The estimated costs include ₹31.4 lakh for demolishing unauthorized constructions at Poonam Chambers in the cantonment and ₹9.97 lakh for Poonam Tower, located near Vidhan Bhavan. In response to petitions filed by Kumar and his firm contesting demolition notices issued by the Nagpur Municipal…

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Buyer Can Withdraw Deposit Pending Builder’s Appeal: Bombay HC

Here’s a rewritten version of the content you provided: MUMBAI: The High Court observed that a builder and a buyer cannot be treated equally as the buyer is typically in a vulnerable position. Consequently, it allowed a flat purchaser to withdraw a sum deposited with the builder, amidst an appeal regarding a project that has been delayed for over a decade. On Monday, the High Court ruled that the provisions of RERA do not prevent the appellate tribunal from exercising its discretion in exceptional cases to release amounts deposited by the builder during the appeal process. The Court clarified that…

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Bombay HC: Banks Can’t Claim Priority on PMLA-Attached Properties

NAGPUR: The Nagpur bench of the Bombay High Court has delivered a landmark ruling affecting financial institutions and the Enforcement Directorate (ED). The court determined that banks’ recovery laws cannot supersede the Prevention of Money Laundering Act (PMLA), highlighting the government’s priority action against ‘proceeds of crime’. A division bench consisting of Justices Mukulika Jawalkar and Nandesh Deshpande annulled an order from the appellate tribunal that permitted banks, including HDFC Bank and Punjab National Bank, to enforce secured interests over properties seized by the ED in a money laundering case involving alleged misconduct in coal block allocation. The court declared…

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Bombay HC Report on MHADA 79A: 13K Unsafe Mumbai Buildings at Risk

MUMBAI: In a crucial update that may shape the future of redevelopment across the city, a committee established by the Bombay High Court has delivered its findings on March 5, 2026, examining contentious notices issued under Section 79A of the MHADA Act. The court is poised to hear this matter and decide if the halted redevelopment of numerous unsafe buildings can continue, impacting over 13,000 ageing structures and countless residents living in hazardous conditions. This comes just ahead of the looming monsoon season. The heart of the issue lies with Section 79A, a legal provision enacted in 2020 to expedite…

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Bombay HC Overturns DRT Stay on Bank-Auctioned Flat Sale

MUMBAI: The Bombay High Court recently overturned a Debt Recovery Tribunal (DRT) order that halted further post-sale actions regarding a bank’s auction of a flat in South Mumbai. The Court noted a “disturbing trend” where borrowers and “chronic defaulters” often act passively while banks pursue recovery. These defaulters typically invoke “collusive proceedings” under insolvency laws only when it’s time for auction purchasers to take physical possession of the property. In a ruling dated March 18, Justices Manish Pitale and Shreeram Shirsat expressed concern over the misuse of the Insolvency and Bankruptcy Code (IBC). They pointed out that borrowers often claim…