Bombay HC Imposes ₹1.5L Costs On MHADA, Municipal Corporation For Holding Possession Of Properties Beyond Requisition Period
1 day, 19 hours ago

Bombay HC Imposes ₹1.5L Costs On MHADA, Municipal Corporation For Holding Possession Of Properties Beyond Requisition Period

Live Law  

The Bombay High has directed the Maharashtra Housing and Area Development Authority and the Solapur Municipal Corporation to pay Rs. The petitioners contended that the requisition could not have continued beyond July 2011 in view of Section 9 of the Bombay Land Requisition Act, which provides that the requisition period cannot continue beyond 24 years. They contended that since the possession of the petitioners' properties was already taken over by the State Government under the Bombay Land Requisition Act, there was no further necessity of issuing any final notification under Section 41 of the MHADA Act. Based on the notice dated 24 August 1987 and in the absence of any notification as contemplated by Section 41 of the MHADA Act, we cannot hold that the petitioners' lands stood acquired by the State Government and validly handed over to MHADA under Section 41 of the MHADA Act.” Possession Beyond Requisition Period The Court stated that as the lands had not been acquired under the MHADA Act, the State could not have continued to hold the possession of the said lands beyond the requisition period. The Court thus rejected the State authorities' contention and stated that taking possession of lands under requisition does not do away with the mandate of issuing a final notification under Section 41 MHADA Act.

Court State Period Notice Act Municipal Corporation Possession Bombay Notification Mhada Section 41 Nalla Requisition Mhada Act Requisition Period Petitioners Properties  mhada  notification  period  costs  requisition  411  act  municipal  imposes  possession  hc  state  court  petitioners  properties  holding

History of this topic

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation
11 months, 4 weeks ago

State Can't Evade Responsibility: Bombay HC Orders Compensation To Family Who Moved Court 37 Yrs After Its Land Was Used For Electricity Substation

Live Law  

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1 year, 1 month ago

MHADA frames new policy for sale of 11,184 vacant flats across state

Hindustan Times  

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Bombay High Court Orders State Govt To Return Two Flats To 93 Yrs Old Woman Over 80 Years After Requisition
1 year, 8 months ago

Bombay High Court Orders State Govt To Return Two Flats To 93 Yrs Old Woman Over 80 Years After Requisition

Live Law  

The Bombay High Court on Thursday directed the Maharashtra government to handover possession of two South Mumbai flats back to the owner, a 93-year-old woman, over eighty years after they were requisitioned in 1942. On June 21, 2010, the Collector of Accommodation under the Bombay Land Requisition Act, 1948, directed Mangesh Laud and Kumud Fondekar, son and daughter of DS …

After 77 years, Bombay HC directs occupants to hand over possession of 2 flats to 93-year-old owner
1 year, 8 months ago

After 77 years, Bombay HC directs occupants to hand over possession of 2 flats to 93-year-old owner

India Today  

In a recent ruling, the Bombay High Court ordered a Mumbai resident and his family to vacate their flats in South Mumbai and hand them over to the rightful owner, a 93-year-old woman named Alice D'souza. However, the Governor of Bombay, on July 17, 1946, exercising powers under the Defence of India Rules, had ordered the owner to let the …

Absence Of Material: Bombay High Court Quashes Reassessment Proceedings
1 year, 10 months ago

Absence Of Material: Bombay High Court Quashes Reassessment Proceedings

Live Law  

The Bombay High Court has quashed the reassessment proceedings as the issue of "large loans and advances" was not only raised during the scrutiny assessment but also responded to by the assessee.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that between the date of the order of assessment, which is sought to be reopened, …

Bombay High Court Upholds Validity of Real Estate (Regulation and Development) Act
7 years, 1 month ago

Bombay High Court Upholds Validity of Real Estate (Regulation and Development) Act

Live Law  

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