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Bombay High Court

142 posts
“The rates mentioned in the Ready Reckoner are basically for the purpose of collection of stamp duty and cannot be the basis for determination of the compensation for the lands acquired under the Land Acquisition Act,” the Bombay High Court reiterated while slamming the SLAO’s flawed approach and upholding enhanced compensation of ₹3.99 crore.

Bombay High Court Shocks Lenders: Loan Arbitration Award Worth ₹1 Cr Thrown Out at Recovery Stage

In a major relief for borrowers, the Bombay High Court has ruled that loan recovery awards passed by arbitrators unilaterally appointed by lenders are void and unenforceable—even if never challenged earlier.
In a powerful pro-homebuyer verdict, the Bombay High Court has held that allottees are “generally very vulnerable” and cannot be placed on equal footing with promoters, clearing the way for withdrawal of deposited refund amounts during developer appeals.

Recovery Can Be Made From Occupiers / Flat Holders: Liability Runs With the Flat, Rules Bombay High Court

In a landmark ruling, the Bombay High Court has held that society maintenance dues can be recovered from occupiers and flat holders even without registered sale agreements, ruling that liability runs with the flat and follows possession rather than paperwork.
In a no-holds-barred verdict, Bombay HC tells housing societies: Stop playing judge. You cannot decide who owns the flat or settle inheritance fights. Your only job is collecting dues and maintaining records — stay in your lane or face the consequences.

Full Payment to Builder Is NOT a Pre-Condition for Society Membership

In a landmark ruling, the Bombay High Court held that full payment to a builder is not a prerequisite for membership in a cooperative housing society. The court restored deemed membership for a MOFA flat buyer, emphasizing that statutory rights under the Maharashtra Ownership Flats Act cannot be denied due to payment disputes.
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Developer Asked to Get OC or Pay Rs 129 Crore in Damages to Housing Society

Bombay High Court has upheld the arbitral award directing developer Lotus Logistics to obtain Occupation Certificate for Evertop Apartments rehab wing within extended 9 months — or pay ₹128.98 crore damages for shifting rehab FSI through fictitious “open-to-sky ducts” in revised plans, calling it an act of “deceit and misrepresentation”.
The Bombay High Court has ruled that occupants of government land whose leases expired decades ago cannot demand alternate commercial premises of equivalent size after demolition for public projects, limiting rehabilitation strictly to Slum Rehabilitation Authority norms.

Expired Leases, Encroachments and Redevelopment: Bombay High Court Limits Rehabilitation Rights in Bandra Government Colony Case

The Bombay High Court has ruled that occupants of government land whose leases expired decades ago cannot demand alternate commercial premises of equivalent size after demolition for public projects, limiting rehabilitation strictly to Slum Rehabilitation Authority norms.