Tag: Bombay High Court

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No Authority: Registrars Can’t Issue NOCs for Redevelopment

PUNE: Maharashtra Cooperation Commissioner Deepak Taware has clarified that registrars and sub-registrars lack the authority to issue a ‘no objection certificate’ (NOC) to housing societies for property redevelopment. The commissioner emphasized that the general body of the cooperative housing society is the primary decision-making authority regarding redevelopment matters. Referring to a writ petition in the Bombay High Court, Taware highlighted that a 2019 government resolution defines the roles of registrars and cooperative societies as supervisory only. According to the Maharashtra Cooperative Societies Act, 1960, there are no provisions granting registrars the right to issue NOCs for redevelopment, underscoring that the…

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Khar Kolis to Bombay HC: Fish Drying Land Favoring Builders

MUMBAI: Two societies representing the Koli community in Danda Koliwada, a fishing village in Khar, have filed a petition against the Bombay High Court regarding an order from the Slum Rehabilitation Authority (SRA) that classified part of their land, currently used for drying fish and related activities, as a slum rehabilitation area. The Danda Koli Masemari Vyavasayik Sahakari Maryadit and Danda Koli Samaj are contesting the SRA CEO’s order dated May 17, 2022, concerning 3,450 sqm of land that is reserved for a fish drying yard under the approved development plans (DPs). “Including such reserved land in a slum rehabilitation…

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SC to Hear ED’s Plea on Illegal Arrest of Vasai-Virar Chief

NEW DELHI: The Supreme Court has agreed to hear a petition from the Enforcement Directorate (ED) challenging a Bombay High Court ruling that deemed the arrest of former Vasai-Virar civic body chief Anil Pawar in a money laundering case as “illegal”. The ED arrested Pawar on August 13 in connection with the case. According to the ED, illegal constructions were made, involving the development of 41 buildings between 2008 and 2010 by the accused builders and developers in collusion with City and Industrial Development Corporation of Maharashtra officials. The ED’s appeal against the high court’s order from October 15 was…

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Bombay HC Restores Registration of Housing Society Federation

MUMBAI: The Bombay High Court has reinstated the registration certificate of a housing society federation, stating that the decision to deregister it was legally “unsustainable.” Justice Amit Borkar emphasized, “Judicial discretion cannot be exercised to reward falsehood,” noting that the deregistration occurred following a seven-year delay, with the appeal based on evidently false claims without credible evidence. The Federation of Cooperative Housing Societies from Borivli West challenged an April 2025 order by the divisional joint registrar of Cooperative Societies, which annulled its status as a ‘Cooperative Society’—a designation granted in January 2018 under the Maharashtra Cooperative Societies Act. The petition…

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Bombay HC Denies Builder’s Request on Single Judge Hearing

PANAJI: The Bombay High Court has dismissed objections from a builder concerning a single judge’s hearing of a petition by green activist Avertino Miranda regarding unlawful construction in an open area in Porvorim. Miranda challenged the decision of Bardez’s town planner, who retracted its own show cause notices issued to the builder. The High Court affirmed that a single judge could review Miranda’s petition and extended the stay originally granted in December against any further development or construction of the commercial building. Miranda, the owner of a plot in Socorro, argued that the property was subdivided into smaller plots, designating…

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Bombay HC Stops Flat Split, Backs Society’s Appeal

MUMBAI: The Bombay High Court has firmly opposed the conversion of a single housing unit into two apartments. On October 10, the court upheld a suburban society’s request to deny permission for structural modifications that would divide a flat into separate units. The interim order issued will remain effective until further directives are provided, ensuring the protection of the society’s rights until a final decision is made. The court noted that the society appears to have a compelling case for interim relief. Notices have been issued to the two residents of the flat, with the next hearing scheduled for November…

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Bombay HC: Courts Can’t Make Banks Change Loan Terms or OTS

Here’s a rewritten version of the content you provided: NAGPUR: The Nagpur bench of the Bombay High Court has ruled that banks cannot be compelled to alter loan agreement terms or extend benefits of a One-Time Settlement (OTS) scheme to borrowers or guarantors. A division bench comprising Justices Anil Kilor and Rajnish Vyas stated, “Issuing a writ of mandamus under Article 226 of the Constitution would not serve justice by directing the bank to consider OTS benefits for the borrower or guarantor. We cannot order the bank to amend the terms of the agreement.” The ruling was made last Friday…

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Bombay HC Imposes Daily Fine on Builder for Fire NOC Delay

MUMBAI: The Bombay High Court has granted significant relief to flat owners in Kandivali West who have been unable to secure Fire Clearance Certificates (NOC) and Occupation Certificates (OC) for over a decade. In a decisive ruling, the court asserted that should the builder fail to obtain the Fire NOC within the specified timeframe, they will incur a penalty of Rs 50,000 for each day of delay. This penalty will be submitted to the Brihanmumbai Municipal Corporation (BMC) until the NOC is granted. Additionally, as the flat owners have not yet formed a society, the court mandated that once established,…

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Bombay HC Issues Contempt Notice to Doctor Over SRA Tenement Lies

MUMBAI: The Bombay High Court has issued a show-cause notice for contempt of court to a doctor accused of hiding information while applying for a rehabilitation tenement in a Santacruz (W) slum redevelopment project. “Such conduct amounts to abuse of process and, if left unchecked, would undermine the court’s responsibility to ensure justice,” stated Justices Ajey Gadkari and Kamal Khata on Thursday, rejecting Mumtaz Khoja’s review petition and imposing a cost of Rs 5 lakh. Additionally, they instructed the BMC and SRA to investigate how a trust led by Khoja was allowed to operate a school with 150 students in…

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Bombay HC: CIDCO’s 22.5% land return scheme is optional

In a landmark ruling that could have significant repercussions for land acquisition in Navi Mumbai and beyond, the Bombay High Court has determined that the City and Industrial Development Corporation’s (CIDCO) 22.5% developed land return scheme is optional, rather than mandatory for landowners. If landowners do not consent to the acquisition under this scheme, CIDCO or any authority seeking land for public use must adhere to the procedures outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, and Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act. According to…