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Rishiraj Bhatt

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Partner in Real Estate Practice at the Mumbai office of Cyril Amarchand Mangaldas. He has 18 years of experience in advising corporates, real estate developers, investors and UHNIs in a wide range of real estate transactions including in relation to complex acquisition, sale, assignment, leasing, sub-leasing and licensing of non-agricultural and agricultural land parcels, factories, malls, commercial and Information Technology Park spaces/ buildings, Data Centres and high value residential properties, development/ redevelopment of buildings and advising clients on real estate laws including RERA. Rishiraj has been ranked in Chambers and Partners and recognised in Indian Law Firm Awards, IBLJ. He can be reached at rishiraj.bhatt@cyrilshroff.com.

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is affected by the Exemption Order passed under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (since repealed) (“ULC Act“), and transfer prohibited without prior permission]  vis-a-vis land retainable under the ULC Act (i.e. the land which is not a surplus vacant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