9911796707
TMI Blog2018 (4) TMI 1996X X X X Extracts X X X X X X X X Extracts X X X X ..... ance with the Regulations is empowered to dispose of its land. 3. The Appellants were employees of Mumbai Metropolitan Region Development Authority (hereinafter referred to as 'Authority'). The Resolution dated 07.06.1997 was passed by the Authority granting permission to allot the land of Authority situated at Chitalsar Manpada Village, District Thane admeasuring about 13,700 sq.mtr. to the proposed Co-operative Housing Society of the employees of the Mumbai Metropolitan Region Development Authority for the purpose of construction of houses on lease hold basis for a period of 80 years. The Resolution by condition No. 3 provided that Housing Society will have to pay an amount at the rate of Rs. 1400/- per sq. mtr. for a period of 80 years as premium. Letter dated 05.11.1998 was issued to the proposed Society informing about the Resolution dated 07.06.1997 and the terms and conditions thereof. A Cooperative Housing Society of the employees of the Authority was registered on 25.06.1999 under the Maharashtra Co-operative Societies Act, 1960. The Society in reference to the above wrote letters dated 23.07.1999, 19.11.1999 and further dated 09.12.1999 wherein it made three requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bility of members, the built up area will be allotted to the members and thereafter possession of land will be given by executing lease. The Society vide letter dated 10.06.2004 submitted final list of eligible members as requested by the Authority as on 11.12.2003. In response to the letter of the Society, further, letter dated 09.12.2005 was issued to the Society informing allotment of land to the Society admeasuring 10,700 sq.mtr. with total premium to be paid, along with the letter list of non-eligible members with remarks "not in the service on the date of LOI" including the names of the Appellants was also furnished. 6. The Appellants aggrieved by the aforesaid communication dated 09.12.2005 filed Writ Petition No. 8224 of 2011 praying for quashing the communication dated 09.12.2005 holding the Appellants as non-eligible. Further, to issue mandamus, directing the Respondents to include the names of the present Appellants as persons being eligible to receive tenements/flats. Prayer to strike down condition No. 8 of Annexure-A of the Government Resolution dated 09.07.1999 was also made. The High Court vide its judgment dated 19.06.2012 dismissed the writ petition. The High Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Resolution dated 09.07.1999 which is separate allotment having no relation to the earlier Resolution dated 07.06.1997. He submits that the Appellants being not in service of the Authority on the date when Letter of Intent was issued i.e. 11.12.2003, they have rightly been excluded from the list of eligible members. He submits that the High Court has taken correct view of the matter. 9. We have considered the submissions of the learned Counsel for the parties and perused the records. 10. The High Court has dismissed the writ petition taking the view that allotment dated 01.09.2003 was passed on the fresh proposal submitted by the Society and the Resolution dated 01.09.2003 being passed on separate and distinct proposal, eligibility on 07.06.1997 is not relevant. Whether the above reason given by the High Court for dismissing the writ petition is correct or not is the first issue which needs to be answered in this case. 11. In pursuance of Resolution dated 07.06.1997 Letter of Intent dated 05.11.1998 was issued in which following terms were mentioned for allotment of land: 1. The Association of employees will form the proposed Co-operative Housing Society of the Emplo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er road and compulsory open spaces will be made available free of cost. The Society requested for relaxation of various conditions which were not granted by the Authority at any point of time. The Resolution dated 07.06.1997 and consequent allotment dated 05.11.1998 did not fructify into allotment of land and lapsed as per Disposal of Land Regulations as amended in 1997, Regulation (iA). In the meantime the Government of Maharashtra has issued Resolution dated 09.07.1999 providing various terms and conditions for allotment. In the present case, we are concerned with one of the conditions which is condition No. 8 of Annexure-A. Annexure-A is "Eligibility for approval to the members of the Co-operative Housing Societies who intend to obtain Government land by paying concessional occupancy charges/lease rent". Condition No. 8 which is a part of Annexure-A to the Resolution is to the following effect: 8. It is a pre requisite that the Government Employee will be in the service on the date on which the indent letter will be issued to the Co-operative Housing Society, and only then such employee will be treated as eligible for membership. 14. The Society itself has made various applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - per sq.mtr. instead of Rs. 1400/- per sq. mtr. as was earlier approved. From the aforesaid sequence of events, it is clear that the allotment dated 01.09.2003 was a fresh allotment of land on a higher premium that is Rs. 2500/- per sqr. mtr. Earlier allotment dated 07.06.1997 had lapsed due to non-fulfilment of the conditions as required by the Disposal of Land Regulations, 1977 as noted above. Thus, the allotment dated 01.09.2003 was on the basis of the fresh proposal relying on the Government of Maharashtra Resolution dated 09.07.1999. We, thus, are of the view that the High Court is right in its conclusion that allotment dated 01.09.2003 was on the basis of fresh proposal of the Society and same has no nexus with respect to Resolution dated 07.06.1997. 17. Learned Counsel for the Appellants relying on Resolution dated 01.09.2003 submits that the Resolution dated 01.09.2003 clearly mentions that it modifies condition No. 3 contained in earlier Resolution dated 07.06.1997 which clearly means that Resolution dated 01.09.2003 is in continuation of earlier Resolution, hence, the eligibility of the members have to be seen on 07.06.1997 or 05.11.1998. He relies on the following port ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 09.07.1999. After issuance of allotment letter dated 11.12.2003 by which list of eligible members was asked for, in response to which Society has sent its communication dated 10.06.2004 stating the following: ...The final list of members eligible as on 11.12.2003 by scrutiny of said list as per terms and conditions under the Government Resolution through the Land Branch will be accepted to the Society. Also, the waiting list of total 33 members has been present till date through the Society and it will be sent to the Land Branch at the necessary time. 21. Thus, 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, we fail to see that how the eligibility as on 11.12.2003 be permitted to be questioned. 22. 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 li ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
