M.B.SHAH, S.N.VARIAVA
B. S. Khurana – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
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 the resolutions passed by the Municipal Corporation, which are not initiated or moved but objected to by the Municipal Commissioner? It is the contention of the petitioners that once the Corporation passes the resolution for such tranfers, the Commissioner has to abide by it and on objection being taken by him the resolution cannot be nullified. The submission, in our view, is without any substance because of the specific statutory provisions under the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "the Act").
2. Facts of the present case reveal that since 1970 the Municipal Corporation had been passing resolutions, one after another, for transferring the quarters to its employees. The said resolutions are objected to by the Municipal Commissioner on one ground or the other. The Corporation was superseded three times on the same count. On one occasion, Corporation requested the Government to amend Section 200 suitably so as to empower the Corporation to trans
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