2018 (4) TMI 1996 - SC - Indian Laws

Dismissal of petition - Whether the allotment dated 01.09.2003 was a fresh allotment or a continuation of the earlier allotment dated 07.06.1997? - HELD THAT - The fresh allotment was made on 01.09.2003 in pursuance of which Letter of Intent was issued on 11.12.2003 thus the eligibility has to be seen as per condition of Annexure-A of the Government Resolution dated 09.07.1999. On the strength of Resolution dated 01.09.2003 in so far as it modifies the rate of premium per sq.mtr. it cannot be said that the same allotment which was made on 07.06.1997 has been continued on 01.09.2003 and the eligibility of members has to be pegged on the date of Resolution dated 07.06.1997 or 05.11.1998 i.e. issue of Letter of Intent. There are no substance in the above submission of the learned Counsel of the Appellants. The submission of the learned Counsel for the Appellants that eligibility with regard to being in service has to be seen on the date 07.06.1997 or 05.11.1998 thus cannot be accepted. The Society itself has given approval vide its communication dated 10.05.2001 to consider the allotment to the Society in its forthcoming meeting on 17.05.2001 on the basis of Government of Maharashtra Resolution dated 09.07.1999. It is thus clear that the Society itself has requested for a fresh consideration and fresh Resolution on the basis of the eligibility laid down by Resolution 09.07.1999 - the Society was conscious of the fact that eligibility of members has to be seen as on 11.12.2003 that is the date on which Letter of Intent was issued in pursuance of allotment. The Society having accepted the aforesaid Clause of eligibility and accepted the offer of allotment as given by the Authority it is failed to see that how the eligibility as on 11.12.2003 be permitted to be questioned. There is one more fact which needs to be noted. The Authority has proposed allotment of 13, 700 sq.mtr of land which is apparent from its Resolution dated 01.09.2003 as well as letter dated 11.12.2003. After scrutinising the list of eligibility ultimately the allotment was made only for land admeasuring 10, 700 sq.mtr. by letter dated 09.12.2005. The Authority had not taken into consideration the area for non-eligible members while finalising the list and due to the aforesaid reasons the area allotted to the Society has been reduced from 13, 700 sq.mtr. To 10, 700 sq.mtr. Thus no relief can be granted to the Appellants. The High Court did not commit any error in dismissing the writ petition - appeal dismissed.

Summary

Issues Involved:

1. Whether the allotment dated 01.09.2003 was a fresh allotment or a continuation of the earlier allotment dated 07.06.1997.
2. Whether the eligibility of the members for allotment should be determined based on the date of the original resolution (07.06.1997) or the date of the subsequent resolution (01.09.2003).
3. Whether the appellants, who were not in service on the date of the letter of intent issued on 11.12.2003, were rightly excluded from the list of eligible members.

Detailed Analysis:

Issue 1: Fresh Allotment or Continuation

The High Court concluded that the allotment dated 01.09.2003 was based on a fresh proposal submitted by the Society, distinct from the earlier proposal leading to the resolution dated 07.06.1997. The original allotment lapsed due to non-fulfillment of conditions under the Disposal of Land Regulations, 1977, as amended in 1997. The Society had failed to make the required premium payments within the stipulated time, leading to the automatic lapse of the original allotment. The fresh allotment was made on the basis of the Government Resolution dated 09.07.1999, which introduced new terms and conditions. The Supreme Court upheld the High Court's view, affirming that the 01.09.2003 allotment was indeed a fresh allotment and not a continuation of the previous one.

Issue 2: Determination of Eligibility

The appellants argued that their eligibility should be assessed based on their employment status as of the original resolution date, 07.06.1997, or the date of the initial letter of intent, 05.11.1998. However, the Supreme Court found that the Society itself had requested a fresh consideration based on the Government Resolution dated 09.07.1999, which stipulated that eligibility should be determined on the date of the letter of intent issued pursuant to the fresh allotment, i.e., 11.12.2003. The Society's acceptance of this condition was evident from its communication dated 10.06.2004, where it acknowledged the eligibility criteria as of 11.12.2003. Thus, the Court concluded that the eligibility should be assessed based on the date of the fresh allotment, not the original resolution.

Issue 3: Exclusion of Appellants from Eligibility

The appellants were excluded from the list of eligible members because they were not in service on the date the letter of intent was issued, 11.12.2003. The Government Resolution dated 09.07.1999 clearly required that employees must be in service on the date of the indent letter to be eligible for membership in the Co-operative Housing Society. The Supreme Court found no error in this requirement and upheld the exclusion of the appellants based on their employment status on the relevant date. The reduction in the allotted land area from 13,700 sq.mtr. to 10,700 sq.mtr. was a direct consequence of excluding non-eligible members, further supporting the Authority's decision.

Conclusion:

The Supreme Court dismissed the appeal, affirming the High Court's judgment that the allotment dated 01.09.2003 was a fresh allotment with no connection to the original resolution dated 07.06.1997. The eligibility for allotment was rightly determined based on the employment status as of 11.12.2003, and the appellants were correctly excluded from the list of eligible members. The Court found no infirmity in the High Court's decision, thereby denying any relief to the appellants.