Topic
Bombay High Court rules that refuge areas under the MRTP Act cannot be encroached upon, even with society resolutions. The judgment prioritizes statutory compliance over internal agreements, mandating municipal action to remove unauthorized constructions in designated refuge zones.
The Andhra Pradesh High Court ruled that mere issuance of notices does not constitute compliance with judicial orders. Willful disobedience of a final court directive-even without malice-amounts to contempt, warranting imposition of fines and costs on public officials. The judgment underscores that administrative inaction post-notice violates judicial authority and mandates tangible enforcement of orders.
The Calcutta High Court ruled that reconstructing a building after fire damage exceeding 50% of its original volume constitutes a 'new building' under Section 287 of the West Bengal Municipal Corporation Act, 1993, requiring prior municipal sanction. The Court held that absence of such sanction renders the construction unauthorized, irrespective of historical possession or prior existence of the structure. This decision reinforces compliance obligations for property owners and municipal authorities in West Bengal.