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Bombay High Court

142 posts
Mumbai’s housing market has started 2026 with a sharp drop in registrations and a worrying fall in affordable home purchases, signalling rising affordability pressure and weakening buyer activity.

Telecom Tower Income Does NOT Make Society an ‘Industry’: Bombay HC Delivers Historic Relief to Housing Societies

Bombay High Court, cooperative housing society, industry under ID Act, Payment of Gratuity Act, telecom tower income, labour laws, Justice Sandeep Marne, Vijay Shankar Singh, Apsara Co-operative Housing Society, gratuity claim
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

You Can’t Take the Benefit and Challenge the Deal Later, Rules High Court Tells Housing Society

The Bombay High Court has ruled that a housing society cannot enjoy extra construction rights and later challenge the land surrender that enabled those benefits, dismissing a decades-old claim against the Pune Municipal Corporation.
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

‘Colourable Exercise of Power’: Bombay High Court Raps BMC for Acting at Behest of Interested Parties to Target Tenants

In a scathing order, the Bombay High Court has quashed BMC’s demolition notices against Mulund chawl tenants, holding the civic action to be malafide, colourable, and apparently taken at the behest of interested parties when redevelopment was imminent.
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.

Developer’s Residual Rights in a Real Estate Project and How it Impacts Homebuyers

In a significant ruling, the Bombay High Court quashed a unilateral deemed conveyance order, emphasizing the need for independent architect verification in multi-building layouts. The December 23, 2025 judgment in Velantine Properties highlights the tension between developers’ residual rights to unused land and FSI, and homebuyers’ demand for timely property transfer under MOFA—illustrating why clear contracts and fair assessments are crucial for both sides.
It mentions one ground from the original suit: the society's bona fide requirement for demolition and reconstruction to provide housing for members (a common redevelopment-related plea under rent laws).

One of Mumbai’s Longest-Running Property Disputes has Ended

After five decades of legal battle, the Bombay HC has ruled in favour of Manglorian Garden Homes Society, restoring an eviction decree against alleged illegal occupants of Kalyanpur House in Bandra and rejecting claims based solely on long possession.