Tag: Bombay High Court

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SC upholds termination of unused salt pan land lease in Mumbai

MUMBAI: Recently, the Supreme Court upheld an interim order from the Bombay High Court, which denied a request to stay the termination of a lease for 150 acres of salt pan land from a total of 782 acres located in Mulund, Bhandup, and Kanjurmarg. The court emphasized that a stay is not a statutory entitlement in appeals. The Supreme Court expressed a “prima facie opinion,” indicating that the High Court correctly denied relief to the lessee based on equitable considerations, as the specified 150 acres adjacent to the Eastern Express Highway had not been used for salt production for nearly…

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Bombay HC Warns of Chaos from Unchecked Illegal Constructions

MUMBAI: The Bombay High Court recently warned that without decisive measures to address illegal constructions, rapidly growing towns could face “a colossal failure” in meeting lawful town planning goals, leading to chaos and disaster for future generations. Justices Girish Kulkarni and Manjusha Deshpande emphasized that civic bodies should promote only the lawful and legitimate expansion of cities, instead of allowing “demons of large-scale unauthorized constructions”. The court, in an order dated August 21, stated, “Resources such as water and electricity, along with public amenities like parks and playgrounds, are intended for those living in authorized buildings.” It asserted that illegal…

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Residents Urge CM & BMC to Fast-Track 18-Story Highrise in Mumbai

MUMBAI: On Thursday, 34 residents vacated their flats in Tardeo’s Willingdon View housing society, following a Bombay High Court deadline. Local MLA Mangal Prabhat Lodha, along with other residents, met with Chief Minister Devendra Fadnavis and BMC Commissioner Bhushan Gagrani, urging the swift issuance of the Occupation Certificate (OC) for the upper 18 floors. The High Court had recently declined to extend the August 27 deadline for occupants to leave the upper floors of the 34-story building, which currently lacks OC. According to Assistant Municipal Commissioner of D Ward, Manish Walunju, each floor consists of two flats, some of which…

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Bombay HC Orders 11 to Vacate Dilapidated Vasai Buildings

MUMBAI: The Bombay High Court, noting that an obstructive attitude can hinder redevelopment, has directed the minority residents of four deteriorating buildings in Vasai West to vacate their apartments for demolition. An extension of 15 days was granted to 11 members due to the Ganpati festival. Justices Girish Kulkarni and Manjusha Deshpande emphasized on August 21, “These members must cooperate by vacating their units for the demolition.” Petitions were submitted by Pushpanjali CHSL and Deepanjali CHSL regarding their buildings located at Diwan and Sons Housing Enclave on Ambadi Road, which were declared dangerous by the Vasai Virar Municipal Corporation (VVMC)…

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Bombay HC: MLA Must Not Interfere in Redevelopment Efforts

MUMBAI: The Bombay High Court has prohibited the Slum Rehabilitation Authority (SRA) and BMC from responding to complaints and interference from BJP MLA Parag Alavani and a competing developer regarding a slum rehabilitation project in Vile Parle (E), as reported by Rosy Sequeira. The bench, consisting of Justices Girish Kulkarni and Arif Doctor, remarked, “It reflects poorly when any statutory authority abandons its statutory responsibilities due to outside interference, which is evidently what the respondent 2 (SRA) appears to have done,” during their ruling last Friday. In November 2020, the Shree Gurukrupa CHS, a slum-dwellers’ society, appointed Sateri Builders for…

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Bombay HC Urges Strict Safety Adherence for High-Rise Buildings

MUMBAI: The Bombay High Court has mandated that all planning authorities incorporate a specific condition regarding adherence to “special safety control recommendations for working at heights during high-rise construction” when issuing development permissions for high-rise buildings, as per an expert committee’s report. The state informed the court that directives were issued on August 20 to all municipal corporations and councils to ensure these recommendations are followed. This follows the court’s previous orders highlighting significant safety lapses, particularly regarding machinery such as suspended cranes used in high-rise construction projects. The bench comprising Justices Girish Kulkarni and Manjusha Deshpande has established that…

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Bombay HC Extends Tardeo Tower Eviction Deadline by Three Weeks

MUMBAI: The Bombay High Court has granted an additional three weeks for residents of the top 18 floors of the 34-storey Tardeo tower to vacate their homes. On August 1, the Supreme Court upheld the High Court’s ruling, which instructed the residents to vacate the floors without an occupancy certificate. The initial deadline was set for August 2. The Supreme Court indicated that residents could apply for an extension through the High Court. They requested four weeks, citing the need for alternate housing for their school-going children. The High Court granted the extension, noting it as a ‘mercy plea,’ and…

Latest StoriesRera

MahaRERA Offers Physical and Virtual Hearings After HC Order

PUNE: On Saturday, the Maharashtra Real Estate Regulatory Authority (MahaRERA) announced that it provides both physical and virtual options for hearing complaints, allowing parties to appear in person upon request. This statement comes in light of a recent directive from the Bombay High Court urging MahaRERA to reinstate hybrid hearings, emphasizing that access to justice should encompass the option for physical presence. “We regularly offer physical hearings to those who choose this option. While virtual hearings are more favored, we ensure that no one is excluded from attending physically,” a senior official from MahaRERA stated to TOI. The court’s ruling…

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Bombay HC Blasts EOW, Transfers Builder Fraud to Crime Branch

MUMBAI: In an unusual and significant decision, the Bombay High Court has redirected a builder fraud case under the Maharashtra Protection of Interest of Depositors (MPID) Act to the Mumbai Crime Branch, citing serious shortcomings in the investigation conducted by the Economic Offences Wing (EOW). The court’s action followed a petition from victims claiming a scam exceeding ₹100 crore, expressing a loss of trust in the EOW’s investigation. In a detailed ruling dated July 7, the court sharply criticized EOW Deputy Commissioner of Police Sangramsinh Nishandar for his lack of decisive action since assuming control of the case in March…

Latest StoriesRegulatory

Bombay HC Orders Probe into 900+ Mhada Redevelopment Notices

MUMBAI: The Bombay High Court criticized Mhada on Monday for its illegal and overreaching actions in issuing more than 900 redevelopment notices for premises deemed dangerous, infringing on the constitutional rights of owners of cessed buildings, as well as often impacting their tenants. The court described these notices and the redevelopment authority exercised by Mhada’s executive engineers and repair board as a “regime of colossal arbitrariness and abuse of power,” deeming such acts as blatant illegalities. The judges noted that simply allowing a stay on the notices—which Mhada later chose not to withdraw—was insufficient. Consequently, they mandated an investigation by…