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TMI Blog2024 (12) TMI 1013X X X X Extracts X X X X X X X X Extracts X X X X ..... had said that they have been residing at places which are at quite a distance from their workplace and thus find travelling difficult and time consuming, although as doctors they have to reach their hospital in time in order to respond to emergencies. On these grounds a request was made for allotment of land. Three years later on 16.01.2003, the Revenue & Forest Department issued a Letter of Intent ("LoI") in favour of MRCHS for sanction of one plot of land, out of two plots of equal area which will be created after subdividing the plot bearing C.S. No. 341 C.T.S. No. 608/1 and 608/2 at Bandra ("subject plot"). It is important to note that this plot is different from the plot for which the MRCHS had applied. 3. Around a month later, one Mr. Dilip D. Gijare informed the Collector that he has now become the Chief Promoter of MRCHS. Further, out of the 11 persons shown as members of MRCHS at the time of issuance of the Letter of Intent, 5 are ineligible and have been substituted by inclusion of 8 new persons. Thus, the composition of the proposed MRCHS changes for the first time. Meanwhile on 29.08.2003, the present appellant also applies for allotment of the subject plot in its f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of land under the subject to the society is not getting satisfied. Taking this fact into consideration as most of the members of Tata Memorial Centre is not being eligible for Membership, letter of Intent of the Government dated 16/1/2003 issued... for the allotment to [MRCHS] should be cancelled. However, submitted for orders." The Chief Minister again intervened and directed scrutiny of the second proposal by MRCHS. The composition of the proposed MRCHS has changed thrice already, yet they are afforded another opportunity by the Chief Minister. This time, the Principal Secy. (Revenue) vide Office Note dated 17.05.2005 recommends cancellation of the LoI. He notes that after scrutiny of all 29 members, i.e., original and additional members, only 8 of them can be considered prima facie eligible while the condition of admitting 20% of MRCHS' members from the backward classes has still not been complied with. The reason that 8 members were only prima facie eligible is because they were in the private service (not working with Tata Memorial Centre) and could be considered only after submission of their income certificate, as provided by the Competent Authority. On 03.04.2006, the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch income being ascertained after making such inquiries as the State Government may think fit to make in this behalf... The relevant Clauses from G.R. 1999 are as follows: 6. When Chief Promoter of the Proposed Cooperative Housing Society submits application, for the Government Land, it will necessary to submit information of the land which is required for the society alongwith details of land viz. City Survey Number, Area, Local Plan in the scale of 1 : 4000, Property Card, 7/12 Extract, list of Members (alongwith the details of address of employment and residence, monthly income, domiciled at Maharashtra, whether members belongs to Backward Class or how) etc. 11. Only applications are being considered when persons from the public get the information that government land is available for allotment and submit the same for such land and thereafter action is being taken. In view of that for want of information need persons should not be left out, Government is giving directions that apart from the area where only one or two plot of lands are separately available for allotment, for other area Collector should give press note in the local newspaper and provide information to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be transparency in matters of allotment of land by the government, adherence to the above rules and regulations becomes important in the cases of allotment, but unfortunately, all this is completely missing in the present case where allotment was made in favour of MRCHS in total violation of the prescribed procedure. The State of Maharashtra issued another G.R. dated 25.05.2007 which revises the comprehensive orders for grant of land. Clause 6, 11 and 12 of GR 1999 becomes Clause 7, 12 and 13 respectively with minimal to no amendments. Major changes were made on the maximum income requirement, allowing people with higher incomes to become members of such societies who were seeking grants of land from the State. 8. As discussed above, Clause 6 of the G.R. dated 09.07.1999 provides that the Chief Promoter of the Society will submit details of the land. However, it must be noted that MRCHS had applied for a different plot than what they were ultimately allotted. Nothing has been brought to our notice which would even remotely indicate that the plot actually allotted to MRCHS was ever sought by them. This by itself vitiates the entire allotment. Similarly, a perusal of the Letter o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plot, the question of following any isolated procedure in disposing of the plot would arise. In the present case, there was neither an isolated plot nor was any isolated procedure followed. What was done was wholly arbitrary and as such cannot be sustained." In this case as well, no documents have been placed on record by MRCHS or the State to show that when the Letter of Intent was issued in their favour, more plots were unavailable in the layout as prepared under Rule 24. Whereas, the appellants have brought on record Letter dated 15.11.2000 issued by the Collector noting that more plots were indeed available with the government for disposal. Further still, the plot that was allotted to MRCHS was divided into two from one large single plot. Thus, at the time of issuance of the Letter of Intent, there were two or more than two plots available. Further, MRCHS had applied for allotment of a different plot which is also at Village Bandra and part of the same Survey Number and hence at the very least there were more than two plots available for allotment in this layout when the Letter of Intent came to be issued in favour of MRCHS. The concerned plots instead should have been allo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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