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Showing posts with label
unauthorized construction
.
Show all posts
Showing posts with label
unauthorized construction
.
Show all posts
Thursday, 7 May 2026
Repair Permissions From BMC Do Not Prove Legality Of Structure: Bombay High Court Refuses Relief Against Demolition
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In our view, the repair permissions granted by the BMC, would not by itself, conclusively prove that a structure existed prior to the datu...
Wednesday, 24 May 2023
Can a trespasser claim that their construction is authorized if they have performed construction after obtaining permission?
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Further this Court in the case of Mr. G.S.J. Shapoorjee v. Allahabad Development Authority & Ors., 2016 11 ADJ 524 has held in paragraph...
Whether unauthorized construction of a person is compounded if offence as per Compounding Byelaws is compounded?
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The Act of 1973 does not contain any provision for compounding of constructions. However, there is a provision for composition of offences u...
Wednesday, 22 March 2023
Can a court pass disadvantageous order against the appellant's interest beyond their prayers and pleadings in an appeal?
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However, it appears that in the appeal filed by the Petitioner, the Appellate Authority has directed to evict the Appellant from the premi...
Thursday, 2 March 2023
Whether a person can claim that his construction is authorized as per deemed permission if his construction is on open space?
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Deemed permission to an application under section 44 of MRTP Act can apply only to cases where permission is otherwise capable of sanction...
Saturday, 12 November 2022
How to ascertain whether a person was doing minor repairs or unauthorized construction?
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In the plaint the appellant has admitted that he was carrying out minor repairs and renovations. For ascertaining whether what was being ...
Sunday, 4 September 2022
What is duty of municipal commissioner if he issues notice for removal of unauthorized construction?
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A perusal of the impugned notice shows that respondent No. 1 has not dealt with the explanation of the petitioner and has rejected the same ...
Thursday, 17 March 2022
Can Municipal corporation refuse to remove unauthorized construction on a public road if it is a religious structure?
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As noted above, once the Apex Court had way back in the year 2009 directed that no such unauthorized construction would be permitted by a...
Tuesday, 28 December 2021
Whether Municipal Corporation can reject application for regularization of Gunthewari without following proper procedure?
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It is seen from the impugned order that application of the petitioners for regularization of their plot bearing Nos.89 to 94 falling in Kh...
Guidelines of Bombay high court for regularization of unauthorized construction
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We thus propose to dispose of the two petitions and interim applications therein by giving certain directions which flow from the discuss...
Sunday, 26 December 2021
Whether court can grant permanent injunction to restrain municipal corporation from demolishing suit house?
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Only question of law which involves is whether the relief of permanent injunction in the nature it is granted is sustainable in law. The...
Sunday, 18 August 2013
When civil court has jurisdiction to try suit regarding Municipal Corporation?
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Now, Section 433A of the Maharashtra Municipal Corporations Act creating a bar of jurisdiction of the Civil Court, being relev...
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