Tag: Bombay High Court

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Bombay HC Orders Action on Illegal Slum Tenement Deprivation

MUMBAI: The Bombay High Court recently took significant action to support eligible slum residents wrongfully denied their rehabilitation tenements. The court has instructed the principal secretary of the State Urban Development Department to formulate a system, in collaboration with the CEO of the Slum Redevelopment Authority (SRA), to identify illegal occupants within various schemes. A two-judge bench, consisting of Justices Girish Kulkarni and Aarati Sathe, emphasized that adherence to the court’s directives would provide justice to those rightfully entitled to tenements but currently deprived, not only due to illegal actions by builders but also because of SRA officials who operate…

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Bombay HC Reprimands EOW Officials for Misusing Arrest Powers

MUMBAI: The Bombay High Court granted interim bail to Mamta Digvijay Singh, sharply criticizing the Economic Offences Wing (EOW) for what it called a clear misuse of arrest powers. The division bench, comprising Chief Justice Chandrashekhar and Gautam A. Ankhad, expressed concern over her arrest on September 10, which occurred almost three months after her last statement on June 18. On September 12, the EOW apprehended directors Mangesh Kadam and Mamta Singh based on a complaint from Rajat Jhunjhunwala. He accused them of falsifying MGT-7 forms and counterfeit shareholding certificates for Shajas Developers Pvt Ltd and its subsidiary JLS Realty…

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Bombay HC Hires Architects for SRA Project Damage Review in Dharavi

MUMBAI: The Bombay High Court has appointed a committee of two architects to inspect a construction site on the Sion-Bandra Link Road in Dharavi. This comes in response to a petition from residents of a rehabilitation building, who argue that the construction of a free-sale building is compromising their structure. “If the petitioner’s claim is that there is a risk to the structural integrity of the building, it is indeed a serious matter,” stated Justices Girish Kulkarni and Aarti Sathe on Tuesday. They commissioned Shetgiri & Associates and GM Arch Pvt Ltd to conduct necessary evaluations and report on any…

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BKC Tenants Seek Bombay HC for Their Rightful Homes

MUMBAI: Continuing their longstanding battle for what they believe is their rightful entitlement, the appellants of Basera SRA Cooperative Housing Society in Bharat Nagar, Bandra Kurla Complex (BKC), have filed writ petitions in the Bombay High Court. They are seeking larger 550 sq ft units instead of the smaller 225 sq ft options proposed under the Slum Rehabilitation Scheme. The petitioners argue that Basera society should not be classified as a slum, and therefore, they are entitled to 550 sq ft flats in accordance with MHADA 33(5) of DCPR. A boost for the petitioners comes from the Apex Grievance Redressal…

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Fraud Claims Arise in ₹600 Crore Bandra Marina Manor Case

MUMBAI: A legal battle over the ownership of the prized Marina Manor estate on Bandra’s Bullock Road, estimated to be worth Rs 600 crore, has escalated into a web of accusations involving fraud, forgery, and intimidation. Marina Manuel Fernandes, who faces accusations of fabricating a will to assert her claim on the estate, has filed a police complaint and sought to retract a Power of Attorney given to a notable builder and a political figure. According to Marina, she has been a victim of systematic fraud. Her claim to the estate is also contested, following a Bombay High Court ruling…

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Bombay HC Demands Report from SRA CEO on Half-Sold Flats

MUMBAI: The Bombay High Court has taken a serious stance regarding illegal transfers of flats built under the slum rehabilitation scheme in Sion-Koliwada. The court has called for a report from the CEO of the Slum Rehabilitation Authority (SRA). It was reported that although a part-occupation certificate was issued to Nirmal Nagar SRA CHS on January 7 to house 804 slum-dwellers, 410 of them have sold their flats. “If the petitioner’s claims hold true, we have significant doubts about the legality of the Slum Rehabilitation Authority’s control over the slum schemes,” remarked Justices Girish Kulkarni and Aarti Sathe on September…

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Bombay HC Orders Maharashtra to Tackle SRA Staffing Issues

Sure! Here’s a rewritten version of the content: MUMBAI: The Bombay High Court recently addressed the understaffing issues at the Slum Rehabilitation Authority (SRA), deeming it a serious concern. The court instructed the state government to ensure timely approval for adequate staffing to prevent recurrent issues from reaching the courts. A division bench comprising Justices Girish Kulkarni and Aarti Sathe highlighted, “It is unacceptable for the Chief Executive Officer, with significant authority, to operate ineffectively and lack oversight of matters within their jurisdiction, particularly in cases where no occupation certificate has been issued for nearly 15 years.” This comment was…

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Bombay HC: Court Overstepped, Returns 16-Acre Plot to Builder

MUMBAI: The Bombay High Court has reinstated a ruling from a Borivli metropolitan magistrate indicating that a developer had possession of a plot exceeding 16 acres near the Dahisar checkpost as of April 22, 2017. On Tuesday, Justice Amit Borkar nullified a decision by the Dindoshi sessions court and directed the court receiver to return possession of the land to Romell Housing and its associate, Jude Romell, “strictly in accordance” with the magistrate’s directive. Romell alleged police misconduct after purchasing the property in 2016 from its previous owners, having compensated Kamruddin Shaikh, who held possession of the land. Following the…

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Homebuyers can’t be denied housing membership due to builder’s default: HC

MUMBAI: The Bombay High Court has ruled that the rights of flat purchasers cannot be limited by a developer’s failure to fulfill obligations under a development agreement. This directive was issued to a housing society in Vile Parle (E), which was ordered to grant membership to 17 flat purchasers. Justice Amit Borkar, in an order on Friday, emphasized that membership in a cooperative society should be determined solely according to the Maharashtra Cooperative Societies Act, MCS Rules, and the society’s bye-laws. He dismissed 17 petitions from Jeevan Sarita CHSL, stating, “The eligibility of a purchaser to become a member must…

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Bombay HC Provides Tax Relief for Builders in Joint Developments

In a significant development for real estate developers, the Bombay High Court’s Goa bench has determined that no goods and services tax (GST) is due on construction services under a joint development agreement (JDA) once the developer takes ownership of the property through conveyance. This ruling resolves a longstanding controversy regarding the point of taxation in JDAs, where the revenue department argued for GST applicability at the time of signing the agreements, while developers contended that liability should only arise upon the transfer of the completed property. This judgment is poised to bring much-needed clarity to developers involved in JDA-based…