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Kinnari Jain

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Associate in the Real Estate Practice at the Mumbai office of Cyril Amarchand Mangaldas. Kinnari focuses on real estate due diligence and documentation. She can be reached at kinnari.jain@cyrilshroff.com

INTRODUCTION

Maharashtra was one of the first states in India to devise an Information Technology and Information Technology Enabled Services Policy in 1998. Thereafter, the policy was amended in 2003, 2009 and 2015. The Information Technology and Information Technology Enabled Services Policy of Maharashtra State-2023 (“2023 Policy”) was introduced by the Government of Maharashtra vide its resolution dated June 27, 2023[1] and it superseded Maharashtra’s IT and ITES Policy of 2015 (“2015 Policy”). The 2023 Policy aims to make the State of Maharashtra a global Information Technology (“IT”) and Information Technology Enabled Services (“ITES”) destination and the technology capital of India. The 2023 Policy is valid for a period of five years from June 27, 2023 or until a new policy is released.Continue Reading KEY HIGHLIGHTS OF MAHARASHTRA IT-ITES POLICY, 2023: IT/ITES UNITS, IITTS AND DATA CENTERS

Municipal Corporation cannot cancel Occupation Certificate for developer’s failure to obtain NOC from land-owning authority

In the matter of M/s. Satra Plaza Premises Co-operative Society Limited (“Petitioner”) vs. Navi Mumbai Municipal Corporation and Ors[1]., a Division Bench of the Hon’ble Bombay High Court (“BHC”) has, inter alia, held that incorporation of a condition in the Occupancy Certificate (“OC”) by the Navi Mumbai Municipal Corporation (“NMMC”) to obtain a no-objection certificate (“NOC”) from the City and Industrial Development Corporation (“CIDCO”) was illegal and without any authority of law. Further, it quashed and set aside the order of the Municipal Commissioner cancelling the OC and the revised Commencement Certificate (“CC”) due to non-obtainment of NOC from CIDCO.Continue Reading Municipal Corporation cannot cancel Occupation Certificate for developer’s failure to obtain NOC from land-owning authority

In a ruling likely to offer significant relief to landowners and real estate developers in Maharashtra, the Hon’ble Bombay High Court (“BHC”) in the matter of Salim Alimahomed Porbanderwalla and Anr (“Petitioners”) vs. The State of Maharashtra and Anr.[1] (“Respondent”), has vide its order dated March 30, 2023, ruled that the Government of Maharashtra (“GOM”) cannot charge a premium or make any entry in revenue records [to the effect that the land is affected by the Exemption Order passed under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (since repealed) (“ULC Act“), and transfer prohibited without prior permission]  vis-a-vis land retainable under the ULC Act (i.e. the land which is not a surplus vacant land).Continue Reading ULC premium applicable solely on surplus vacant land: Bombay High Court