Tag: Bombay High Court

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MahaRERA Boosts Efficiency with Hybrid Mode Hearings

NAGPUR: The Maharashtra Real Estate Regulatory Authority (MahaRERA) is now facilitating both physical and digital hearings for complaints, adhering to a directive from the Bombay High Court. This initiative enhances the convenience and transparency of housing dispute resolutions. Attendance has notably risen, as complainants and relevant parties across Maharashtra can opt for in-person or remote participation via secure video conferencing platforms. MahaRERA, the governing body enforcing the Real Estate (Regulation and Development) Act in the state, has adopted a hybrid model for hearings. This allows parties to choose between physical presence and virtual attendance, as per the Bombay High Court’s…

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SC nullifies Bombay HC ruling on ‘private forests’ classification

Supreme Court of India MUMBAI: In a blow to the state government, the Supreme Court annulled a 2018 Bombay High Court decision that allowed the Maharashtra revenue department to designate land across Mumbai, Thane, and elsewhere as “private forests,” which curtailed development potential. The SC criticized the HC ruling for failing to adhere to a binding precedent mandating a meticulous process before classifying private land as part of the green pool. The plots varied in size from one acre to 100 acres. The HC bench, led by Justice S C Dharmadhikari, had dismissed 173 petitions and endorsed the state’s initiative…

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Thane Societies Accuse Rajshila Construction of FSI Misuse

MUMBAI: Five cooperative housing societies in Thane have filed a petition with the Bombay High Court, accusing the local builder, Rajshila Construction LLP, of unlawfully utilizing their floor space index (FSI) to construct new high-rise towers on land that is already developed and occupied. The petition, submitted by the Prestige Garden A-1, Prestige Garden A-2, Harmony, Ambience, and Prestige Garden B-1 & B-2 Cooperative Housing Societies, asserts that Rajshila Construction has misappropriated their property rights, while the Thane Municipal Corporation (TMC) improperly approved the developer’s plans for new projects. Rajshila Construction, founded in 2020 and registered under MahaRERA for a…

Latest StoriesResidential

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…

Latest StoriesResidential

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…

Latest StoriesRegulatory

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…

Latest StoriesRegulatory

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…

Latest StoriesRegulatory

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…

Latest StoriesRegulatory

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…