Tag: Supreme Court

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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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SC Flags Issues, Urges Law Panel to Explore Blockchain for Property

NEW DELHI: The Supreme Court has raised concerns about systemic weaknesses in colonial-era property laws, advocating for nationwide reform. The court has instructed the Law Commission to create a comprehensive report examining the use of Blockchain technology to modernize property registration processes. Blockchain technology offers a secure, transparent, and immutable digital ledger for property transactions, significantly reducing fraud and improving verification processes for ownership and transactions through smart contracts. This directive followed a landmark ruling from a bench consisting of Justices Pamidighantam Sri Narasimha and Joymalya Bagchi, which invalidated Bihar’s 2019 amendment that allowed registration authorities to deny registration of…

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SC Sets Dec 5 Deadline for Jaypee Infratech Claims

NOIDA: The Supreme Court has given Jaypee Infratech homebuyers a deadline of December 5 to either request refunds or apply for flat allotments. This directive was issued on November 3 by Justices Sanjay Kumar and Alok Aradhe, instructing all outstanding claimants to reach out to Suraksha Realty Limited, the current overseer of the delayed Jaypee projects, with no additional extensions expected. The court also mandated Suraksha Realty to make a public announcement regarding this cut-off date, which it did by Thursday. “Many homebuyers are still presenting claims for refunds or flats. Suraksha Realty Limited is prepared to accept refund claims…

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SC Halts Order to Remove Illegal Constructions in DLF City, Gurugram

NEW DELHI: The Supreme Court has overturned a Punjab and Haryana High Court order mandating the removal of unauthorized and illegal constructions in Gurugram’s DLF City. A bench comprising Justices J K Maheshwari and Vijay Bishnoi issued this ruling after observing that the directive was given without allowing the property owners a chance to be heard, as they were not parties to the original lawsuits. The apex court noted that the High Court’s direction, regarding the jurisdiction of the civil court or the removal of constructions, did not consider the appellants, which is a procedural oversight. “It is essential for…

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SC Halts GST Demand on Real Estate Joint Development Deals

MUMBAI: The Supreme Court has put a hold on a goods and services tax (GST) demand linked to a joint development agreement (JDA) for a real estate project, a ruling that could significantly affect real estate developers and landowners nationwide. JDAs are commonly used as they permit developers to access land without making an upfront payment. Authorities are attempting to categorize the transfer of land development rights under JDAs as a taxable ‘supply of service’ according to GST regulations. Developers contest this classification, asserting that the agreement fundamentally involves a ‘transfer of land’, which falls outside the GST framework. A…

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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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SC Calls Rajasthan Housing Board Land Encroachment ‘Absolute Scam’

NEW DELHI: The Supreme Court labeled the encroachments on lands acquired for the Rajasthan Housing Board as an “absolute rank scam,” with allegations of collusion at all levels. Justices Vikram Nath and Sandeep Mehta noted that multiple Rajasthan High Court rulings had established that authorities cannot regularize these illegal constructions. “Several benches have attempted to ensure the land is reclaimed, but the influential individuals behind this scam prevent it,” stated Justice Mehta. This commentary came during a hearing on a plea from the Rajasthan government, which was contesting an August 20 high court order. The high court had suspended a…

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SC Revives 213 Udaipur Flats After ED Aids Homebuyers

NEW DELHI: In a significant relief for over 200 homebuyers involved in the Udaipur-based Royal Rajvilas (RRV) project, the Supreme Court has lifted the attachment on their flats by the Enforcement Directorate (ED). The Court also dismissed the ED’s challenge to the insolvency resolution process, which had seen a new owner approved by the Mumbai bench of the National Company Law Tribunal (NCLT) to complete the project. Udaipur Entertainment World Pvt Ltd (UEWPL), the original owner, is now under new management. The apex court commended the ED for its role in helping over 200 homebuyers reclaim their dream homes, which…

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SC asks Centre, SEBI about Sahara firm’s property sale to Adani

NEW DELHI: The Supreme Court has requested responses from the Centre, the Securities and Exchange Board of India (SEBI), and other stakeholders regarding a petition by Sahara India Commercial Corporation Ltd (SICCL) to sell 88 prime properties to Adani Properties Private Limited. A special bench led by Chief Justice B R Gavai, along with Justices Surya Kant and M M Sundresh, reviewed the interlocutory application related to the Sahara Group’s refund obligations. The bench, acknowledging Solicitor General Tushar Mehta’s submissions, directed that the Union Ministries of Finance and Cooperation be added as parties to these proceedings and requested their response…

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SC to Hear Sahara Firm’s Asset Sale Plea to Adani Tuesday

NEW DELHI: The Supreme Court is set to hear a plea from Sahara India Commercial Corporation Ltd (SICCL) on Tuesday, requesting permission to sell properties, including Amby Valley in Maharashtra and Shahara Saher in Lucknow, to Adani Properties Private Limited. A special bench led by Chief Justice B R Gavai, along with Justices Surya Kant and M M Sundresh, will consider the request at 2 PM. On Monday, an attorney presented another plea regarding the release of salaries for employees at a Sahara group firm, noting that salaries have been on hold since 2014. Additionally, a lawyer representing one of…