Browsing Tag

Bombay High Court

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In a blow to the original developer, the Bombay High Court has dismissed Sunshine Builders' petition, mandating a ₹125 crore deposit to appeal the DRT's refusal to allow late amendments challenging a 2019 SARFAESI auction. With construction advanced and third-party rights crystallised under Lodha Developers, the court prioritised statutory pre-deposit rules and equities over the builder's claims.

Bought a Flat in Bank Auction? You Must Clear Past Society Dues to Become a Member

Buying a flat in a bank auction may not be a clean deal after all. In a key judgment involving a posh South Mumbai housing society, the Bombay High Court has ruled that auction buyers must clear pending society dues of previous owners before being granted membership.
The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.

Bombay High Court Limits Registrar’s Role – Complex Housing Society Disputes Must Go to Proper Forums

The Bombay High Court has limited the Registrar’s powers in cooperative housing disputes, ruling that complex issues like succession and document validity must be handled by courts, not administrative bodies. In quashing a 2018 order substituting a member’s name, the court restored the status quo in a decades-old case, highlighting jurisdictional overreach.
Bombay HC dismisses plea: Basement & parking not a 'flat' under MCS Act → no membership in coop society. Justice Borkar upholds strict sanctioned-plan rule.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.
In a massive win for Mumbai landowners, Bombay HC slams MMRDA: "You can't force TDR—pay cash as law demands!"

Senior Citizens First: Builders Face Removal If Redevelopment Delays Leave Elderly Roofless

Senior citizens affected by delayed redevelopment now have real protection. Backed by Bombay High Court orders, the Maharashtra Housing Department’s December 15 GR empowers authorities to monitor projects, hear grievances and even remove defaulting builders across MHADA, SRA, BMC and MMRDA redevelopments.
The Bombay High Court has delivered a sharp warning to occupants who sign rehabilitation agreements and still approach courts to delay demolition. Calling such conduct an abuse of process, the Court dismissed multiple suits and imposed heavy costs, reinforcing that redevelopment cannot be stalled through strategic litigation.

Signing a Rehab Agreement and Still Going to Court? Bombay HC Says It Can Cost You Dearly

The Bombay High Court has delivered a sharp warning to occupants who sign rehabilitation agreements and still approach courts to delay demolition. Calling such conduct an abuse of process, the Court dismissed multiple suits and imposed heavy costs, reinforcing that redevelopment cannot be stalled through strategic litigation.