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Bombay High Court

153 posts
“Being the owner gives you preferential rights, but not unlimited time.” In a firm order, SRA removes a private landowner as developer after three years of zero progress on a Lower Parel slum scheme, prioritising slum dwellers’ right to timely rehabilitation.

Registrar Cannot Decide Ownership Disputes or Force Housing Societies to Issue Maintenance Bills

A shop dispute dating back to the 1990s has led to a landmark Bombay High Court ruling limiting the powers of the Registrar, holding that ownership disputes cannot be forced onto housing societies through administrative orders.
“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 scathing order, Bombay HC has exposed CIDCO’s 37-year-old “forgotten land” scandal in Navi Mumbai and ordered fresh acquisition under the 2013 Act with full compensation — a landmark blow for property rights.

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”.