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Bombay High Court

159 posts
In a landmark ruling, the Bombay High Court has cleared the path for the BMC to take direct control of a Malad East slum rehabilitation project, rehabilitating eligible dwellers at its own expense after cancelling a private developer's NOC for non-compliance. The decision prioritizes public amenities on civic land and highlights landowner rights in Mumbai's redevelopment landscape.

Bombay High Court: Slum Occupants Cannot Stall Eviction Over Disputes on Rehab Shop Location

The Bombay High Court has held that slum occupants cannot block eviction proceedings by disputing the location of their rehabilitation premises, ruling that such allotment disputes must be settled separately after vacating.
“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 stark reminder of delayed justice in Mumbai’s property cases, the Bombay High Court has finally ordered eviction of a licensee from a Bandra flat after nearly 48 years of legal battle. (130 characters)

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 dramatic turn, the Bombay High Court has ruled that 6 votes were not enough to remove the Chairperson of a Goregaon housing society because a newly appointed member’s voting right was denied — turning a 0.67 fraction into the decisive factor in a bitter redevelopment battle.”

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.