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TMI Blog2000 (9) TMI 1002X X X X Extracts X X X X X X X X Extracts X X X X ..... nd not in the Corporation. No specific power is conferred upon the Corporation for such transfer. The scheme envisages checks and balances for disposal of immovable property on the power of the Commissioner. In the light of the aforesaid interpretation of Section 200, it is not necessary for us to deal with other contentions raised and dealt with by the High Court. In the facts and circumstances of the case, at no point of time, Municipal Commissioner has decided or agreed to transfer the Municipal quarters in favour of its employees/allottees. There is no legal right to claim ownership on the basis of the resolutions passed by the Corporation as the said resolutions are without any power or authority. Hence, there is no substance in these petitions. - SLP(C) 13639 OF 2000 with SLP (Civil) Nos. 13920-13921, 14385, 14386, 14398, 14403, 14405, 14393, 14411, 14400, 14406, 14402, 14615, and 14619 of 2000 - - - Dated:- 21-9-2000 - SHAH, M.B. AND VARIAVA, S.N., JJ. JUDGMENT Shah, J. The question involved in this group of special leave petitions is Whether the employees of Municipal Corporation can claim any right for transfer of municipal quarters to them on the basis of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he legal advisor considered the above resolution No.868 and opined two difficulties in implementing the same i.e. (1) Section 200 (d) of the Municipal Act, and (2) in some colonies the flats were built after taking loan from Central Govt./Delhi Admn. on the condition that the same will remain as municipal property and will not be sold to its employees. Hence, the matter was placed for review before the Corporation. The Corporation by its resolution No.13 dated 25.4.1972 reiterated its earlier decision. Thereafter, the Lt. Governor of Delhi in exercise of his powers conferred by Section 487 raised an objection to the passing of the aforementioned resolution which, in his opinion, was in violation of mandate of Section 200 (d) and hence issued a show-cause notice as to why a direction may not be issued for making arrangement for proper performance of the duties. Again, legal opinion was obtained by the Corporation wherein the Corporation was informed that under Section 200 (d) of the Act the Corporation cannot sell any immovable property below the market rate and the resolution was not consistent with the mandatory provisions of law. Again, by resolution No.437 dated 31.7.1973 it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 490 of Act passed resolution No.235 dated 23.7.1980 rescinding the earlier resolutions regarding transfer of tenements constructed at Nimri Colony to the allottees. After elections, the Corporation passed fresh Resolution No.924 dated 15.2.1984 restoring the earlier resolution for sale of quarters at Nimri Colony to allottees/authorised occupants at the market value of 1974. Although the Central Govt. superseded the earlier set of elected representatives for passing a resolution for sale, the Central Govt. did not take any action against the elected representatives for passing the same. Further, inspite of the letter of the Commissioner to the Corporation requesting to rescind resolutions dt.4.12.1970, 25.4.1972, the Standing Committee by resolution No.1515 dated 21.2.1988 recommended to the Corporation that the resolution of 4.12.1970 be reiterated. Subsequently, by resolution No.1076 dated 20.2.1989, the Corporation accepted the recommendations of the Standing Committee and reiterated its earlier resolution dated 4.12.1970 with recommendation of sale of the quarters at Nimri Colony at market value prevalent in 1974 to the present allottees/unauthorized occupants only. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , hold and dispose of property and may by the said name sue and be sued. The aforesaid sub-section inter alia makes it clear that subject to the provisions of the Act, Corporation shall have power to acquire, hold and dispose of property. Hence, no absolute power to dispose of the property is conferred on the Corporation. Sections 42 and 43 of the Act provide for obligatory and discretionary functions of the Corporation. Thereafter, Section 44 states that for the efficient performance of functions of the Corporation, there shall be following municipal authorities namely: - (a) the Standing committee; (b) the Wards Committee; and (c) the Commissioner Under Section 54, the Commissioner of the Corporation is to be appointed by the Central Government by a notification in the Official Gazette and his powers and functions are prescribed under Section 59. Relevant part thereof reads thus: - Section 59: Functions of the Commissioner Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act for the time being in force which confers, any power or imposes any duty on the Corporation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid clauses may be given either generally for any class of cases or specially for, any particular case: (f) subject to any conditions or limitation that may be specified in any other provisions of this Act, the foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under, or for any purpose of, this Act. (g) Every case of disposal of property under clause (a) and clause (b) shall be reported by the Commissioner without delay to the Standing Committee and the Corporation respectively. The scheme of the aforesaid Sections makes it abundantly clear that the entire executive power for the purpose of carrying out the provisions of the Municipal Corporation Act vests in the Commissioner. His functions and duties are statutorily prescribed. His appointment is also to be made by the Central Government by notification in the Official Gazette. Similarly, the functions of the Standing Committee and other committees are also prescribed. In the light of the aforesaid statutory provisions, we have to consider the scheme of Section 200 which empowers the Commissioner to dispose of the moveable property or grant lease of any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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