Search Results for "Development Rights"

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High Court Quashes Show Cause Notice in GST Case on Assignment of Leasehold Rights - Assignment of Long-Term Leasehold Rights Held as Transfer of Immovable Property, Not Supply of Service Under Section 7 of Central Goods and Services Tax Act, 2017, Rendering GST Liability Inapplicable.

The dispute arose from a show cause notice issued under Section 74 of the Central Goods and Services Tax Act, 2017, to the petitioner, a company that ...

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Supreme Court Quashes Unilateral Assignment of Leasehold Rights – Res Judicata Bars Fresh Application Without Resolving Legal Complications. Finality of Quasi-Judicial Orders Upheld – Liberty to Reapply Only After Civil Court Resolution

Res Judicata Applicability – Principles of res judicata apply to quasi-judicial authorities. A Competent Authority’s findings bind parties unle...

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Development Agreement Construed as Conveyance Due to Transfer of Substantial Property Rights — Bombay High Court Dismissed Writ Petition Challenging Stamp Duty Classification

Distinction Between Conveyance and Development Agreement — Extensive Rights of Developer Held as Conveyance Under Maharashtra Stamp Act, 1958 Subst...

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Reservation Lapse Under MRTP Act: Supreme Court Declares Land Free After 33 Years of Inaction. Supreme Court Invokes Article 142 to Do Complete Justice in Land Reservation Case

The Supreme Court held that the reservation of the land had lapsed under both Section 49(7) and Section 127 of the MRTP Act due to the failure of the ...

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Acquisition Of Land – Right To Fair Compensation – Illegality Of Forced TDR/FSI Grant – Applicability Of The Maharashtra Regional Town Planning Act, 1966 And The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013

The acquisition must follow statutory requirements – In the absence of an agreement for TDR/FSI, monetary compensation under the 2013 Act is mandato...

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Deemed Conveyance Under Maharashtra Ownership Flats Act, 1963 (MOFA) — Civil Court Jurisdiction in Title Disputes — Quasi-Judicial Authority’s Scope — Premature Application for Deemed Conveyance

Constitution of India (COI) — Article 226 — Writ Jurisdiction — Civil Court’s Exclusive Authority on Title Disputes Maharashtra Ownership Fla...

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Supreme Court on Compliance and Contempt: Implementing Judicial Directives with Precision. Ensuring Rule of Law Through Accountability in Compliance of Judicial Orders.

The Supreme Court adjudicated a series of contempt petitions alleging deliberate non-compliance with its orders dated 21.11.2014, 17.05.2022, and 19.0...

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Writ Petition Dismissed on Land Development Rights. A dispute over land acquired for a public bus depot leads to rejection of development claims by private landowners, with the court emphasizing public interest over private rights.

The Mumbai Metropolitan Region Development Authority (MMRDA) along with other respondents, the Bombay High Court dismissed the petition. The Petitione...

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Dispute Over Property Conveyance and Lease Agreement. The court addresses the long-standing legal battle regarding the execution of conveyance and the fraudulent lease deeds involving property developers and trustees under MOFA obligations.

This case involves a dispute over the execution of a conveyance deed for a co-operative housing society (Plaintiff) under the Maharashtra Ownership of...

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Supreme Court Decides on Land Acquisition Compensation and Transferable Development Rights (TDR) for Public Amenities. Clarification on Additional TDR for Construction of Public Amenities, Prospective Application of Amendments to Development Control Regulations (DCR)

Facts: The appellants constructed DP Roads at their own expense on land reserved for public purposes under the sanctioned development plan and surr...