Intimation of Disapproval (IOD) - An official notice issued by municipal or regulatory authorities indicating disapproval of a proposed building plan or development, often stipulating conditions or restrictions before approval can be granted Vikram Arvindlal Siswawala VS Union Of India - Bombay, Gokak Patel Volkart Limited & another VS Bombay Metropolitan Region Development Authority & others - Bombay, Tirandaz Subha Niketan Co-Operative Housing Society Ltd. VS Union of India - Bombay.
Legal Challenges and Disputes - Several cases involve disputes over the validity, issuance, or conditions of IODs. For example, challenges to the IOD and Commence Certificate issued to developers, alleging procedural or substantive irregularities (e.g., Vikram Arvindlal Siswawala VS Union Of India - Bombay, Dumubai Co-operative Housing Society Ltd. VS Peter John Dsouza - Bombay, DILIP GOPAL PEWEKAR vs MAHARASHTRA HOUSING ARA DND DEVELOPMENT AUTHORITY - Bombay, DUMUBAI CO-OPERATIVE HOUSING SOCIETY LTD. vs MR. PETER JOHN D’SOUZA AND ORS. - Bombay).
Corruption and Malpractice - Instances where officials demanded bribes for issuing IODs, indicating issues of corruption within the approval process (Sunil Hirasingh Rathod VS State of Maharashtra - Bombay).
Conditions Imposed with IOD - IODs often include conditions such as obtaining prior approvals or NOCs, or adhering to structural removal before commencing work (Gokak Patel Volkart Limited & another VS Bombay Metropolitan Region Development Authority & others - Bombay, Tirandaz Subha Niketan Co-Operative Housing Society Ltd. VS Union of India - Bombay, Raj M. Ahuja VS Municipal Corporation of Gr. Mumbai, Through the Municipal Commissioner - Bombay).
Legal Remedies and Enforcement - Petitioners and plaintiffs have sought judicial intervention, including declarations of entitlement, invalidation of IODs, or enforcement of agreements related to development rights, emphasizing the importance of legal recourse in disputes involving IODs (DILIP GOPAL PEWEKAR vs MAHARASHTRA HOUSING ARA DND DEVELOPMENT AUTHORITY - Bombay, DUMUBAI CO-OPERATIVE HOUSING SOCIETY LTD. vs MR. PETER JOHN D’SOUZA AND ORS. - Bombay).
Analysis and Conclusion:
The Intimation of Disapproval (IOD) serves as a critical regulatory instrument in urban development, signaling disapproval or conditional approval of building plans. Its issuance can be contested legally, especially if procedural irregularities, corruption, or conflicting conditions are involved. Courts have been approached to validate, challenge, or enforce IODs, highlighting their significance in development regulation and the importance of transparent, lawful procedures in their issuance.
of Disapproval (IOD) and Commence Certificate issued in favor of the Developer. ... challenged the decision of the Technical Advisory Committee (TAC) declaring 'A' and 'B' wing buildings as 'C1' category, as well as the Intimation ... In addition, a challenge is also raised to the Intimation of Disapproval (for short 'IOD') dated 10th December 2019 as well as the Commence Certificate dated 3rd February 2023 issued in favour of respondent no.6-Developer. ... The IOD wa....
(bb) of the Bombay Rents, Hotel and Lodging House Rates Control Act.
of Disapproval (IOD) concerning building, “Bonaventure”, is nullity, fraudulent and contrary declare, that Commencement Certificate ... entitlement to consume and/or use a development potential, relatable to suit plots of land described in Schedule, (ii) declare, that Intimation ... The plaintiff instituted the, suit in November 2013, seeking decree to; (i) declare, its exclusive entitlement to consume and/or use a development potential, relatable to suit plots of land described in the Schedule, (ii) declare, that Intimation#HL_....
of Disapproval (IOD) for a redevelopment project. ... servants, an Assistant Engineer and a Sub-Engineer, demanded a bribe of Rs. 15 lakhs and Rs. 10 lakhs, respectively, for issuing an Intimation ... The case of the prosecution is that the Accused nos.1 to 3 were handling the work of grant of Intimation Of Disapproval (IOD) for the complainant 's firm and that the accused no.1 and 2 demanded sum of Rs.15 lakhs and Rs.10 lakhs respectively from the complainant on 10th October 2014 for ....
The plans were approved, and an Intimation of Disapproval (IOD) was granted under section 346 of the Bombay Municipal Corporation ... Act, stipulating that no work should start until the existing structures were removed and that the IOD was solely for enabling the ... Intimation of Disapproval (I.O.D.) was granted to the petitioner under section 346 of the Bombay Municipal Corporation Act. It was stipulated in the I.O.D. that no work should be started unless the existing structures pr....
for Disapproval (for short IOD) was issued by MCGM - IOD stipulated several conditions but condition of seeking prior approval/NOC ... Housing Colony (for short "NCHC") - Petitioners applied for planning permission to MCGM in year and plans came to be sanctioned and Intimation ... The petitioners applied for planning permission to MCGM in the year 2015 and the plans came to be sanctioned and the Intimation for Disapproval (for short 'IOD') was issued by MCGM on 08.05.....
A - 39 and Notes 20 and 21 of Intimation of Disapproval bearing No. ... of Disapproval (IOD). ... In pursuance thereto, on 16 June 2022, the MCGM issued to the petitioners an Intimation of Disapproval (IOD), however, with Condition No.39 and Note Nos. 20 and 21 which are objected by the petitioners. ... intimation about commencing the work under Section 347(1) (aa) or your starting the work without removing the structures proposed to be removed the a....
Constitution of India , seeks a writ of mandamus directing the developer to execute Individual Supplementary Agreements for Alternate Permanent Accommodation in favour of the Petitioners in compliance with the Intimation of Disapproval (‘IoD’) dated 1st December, 2012
The plaintiff instituted the, suit in November 2013, seeking decree to;d (i) declare, its exclusive entitlement to consume and/or use a development potential, relatable to suit plots of land described in the Schedule, (ii) declare, that Intimation of Disapproval (IOD), dated 2nd March, 2005 issued by
The plaintiff instituted the, suit in November 2013, seeking decree to;d (i) declare, its exclusive entitlement to consume and/or use a development potential, relatable to suit plots of land described in the Schedule, (ii) declare, that Intimation of Disapproval (IOD), dated 2nd March, 2005 issued by
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