LexS. V. ASGAONKAR & ORS. versus THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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SUPREME COURT REPORTS
[2018] 3 S.C.R.
S. V. ASGAONKAR & ORS.
v.
THE MUMBAI METROPOLITAN REGION DEVELOPMENT
AUTHORITY & ORS.
(Civil Appeal No. 3488 of 2018)
APRIL 09, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Mumbai Metropolitan Region Development Authority
(Disposal of Land) Regulations 1977:
Disposal of land under the Regulations – Mumbai
Metropolitan Region Development Authority passed Resolution
dated 7.6.1997 for allotting land – To the proposed Co-operative
Housing Society of its employees – The Co-operative Society
requested the Authority to alter the terms and conditions of the
Resolution – Request was not heeded to – State Government issued
Resolution dated 09.07.1999 pertaining to allotment of Govt. land
for Housing Society with various terms and conditions – The
Authority by its Resolution dated 01.09.2003 decided to allot the
land to the Society as per the terms and conditions dated 09.07.1999
– The Authority allotted the land to the Society on 01.09.2003 –
Letter of intent was issued on 11.12.2003 – It excluded the non-
eligible members (including names of appellants) on the ground
that they were not in service on the date of Letter of Intent – Writ
petition by the appellants – Dismissed by High Court holding that
the appellants had been rightly held ineligible being not in service
on the date of allotment as the allotment was made on the basis of
fresh proposal – On appeal, held: Earlier allotment dated
07.06.1997 had lapsed due to non-fulfillment of the terms and
conditions – Allotment dated 01.09.2003 was a fresh allotment
pursuant to Resolution dated 09.07.1999 – Therefore, eligibility
has not to be seen as per Resolution dated 07.06.1997 – The
eligibility of the members has to be seen as on 11.12.2003 i.e. when
the letter of intent was issued - The appellants have been rightly
held ineligible.
[2018] 3 S.C.R. 410
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Dismissing the appeal, the Court
HELD: 1. From the sequence of events in the present case,
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 Mumbai Metropolitan Region
Development Authority (Disposal of Land) Regulations, 1977.
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. 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. [Para 16] [419-B-C]
2. 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 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. [Para 19] [420-A-B]
3. The plea 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. [Para 20] [420-C-D]
4. 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, the
S. V. ASGAONKAR v. THE MUMBAI METROPOLITAN
REGION DEVELOPMENT AUTHORITY
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SUPREME COURT REPORTS
[2018] 3 S.C.R.
eligibility as on 11.12.2003 cannot be permitted to be questioned.
[Para 21] [420-G]
5. The Authority has proposed allotment of 13,700 sq.mtr
of land which is apparent from its Resolution dExcerpt shown. Read the full judgment & AI analysis in Lexace.