1. Land allotment to employees' cooperative housing society — Lapsed initial allotment — Fresh allotment under government resolution — Dispute over eligibility based on service date. (Para 2 , 3 , 4 , 5 , 6 )
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2018 Supreme(SC) 314
SUPREME COURT OF INDIA
A.K. SIKRI, ASHOK BHUSHAN, JJ.
S.V. ASGAONKAR & ORS. – APPELLANTS
VERSUS
THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY & ORS. – RESPONDENTS
CIVIL APPEAL NO. 3488 OF 2018 (ARISING OUT OF SLP(C)NO.26056 OF 2012)
Decided On : 09-04-2018
Important Points
IMPORTANT POINT
When fresh proposal and resolution is made, eligibility has to be pegged on the date of such resolution.
When fresh proposal and resolution is made, eligibility has to be pegged on the date of such resolution.
Subject
Land Allotment - Cooperative Housing Society
Act Referred
Headnote
(a) Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977 – Regulation (iA) – Society not making payment of premium as stipulated – Instead requesting many relaxations which were not granted – Thus Resolution dated 07.06.1997 and consequent allotment dated 05.11.1998 not fructifying into allotment of land and lapsing – Held, allotment dated 01.09.2003 was a fresh allotment of land on a higher premium – Having no nexus with respect to Resolution dated 07.06.1997. (Para 13, 16)
(b) Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977 – Regulation (iA) – Society not honouring resolution of 1997 – Lapsing as per statutory regulations – fresh resolution of 2003 – Modifying condition no. (c) of 1997 resolution, i.e., rate of premium – This modification will not make resolution 2003 continuation of resolution 1997. (Para 18, 19)
(c) Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977 – Regulation (iA) – When fresh proposal and resolution is made, eligibility has to be pegged on the date of such resolution. (Para 19, 21)
Facts of the case:
The appellants were employees of Mumbai Metropolitan Region Development 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 Cooperative 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 society made three requests.
The letter dated 09.12.1999 of the Society was not favourably responded by the Authority. Again letter dated 26.02.2001 was sent by the Society to the Authority requesting to put up a proposal for consideration of the Authority in the forthcoming meeting for allotment of land to Society on similar terms as that of the allotment of land to the MMRDA Class IV Employees Cooperative Housing Society.
The Authority in its meeting dated 01.09.2003 resolved to allot the land to the Society as per the terms and conditions dated 09.07.1999. In the Resolution it was further stated that the allotment will be made at the rate of Rs.2500/per sq.mtr. In the above respect, the condition No.(c) contained in the Resolution dated 07.06.1997 was modified.
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 noneligible members with remarks “not in the service on the date of LOI” including the names of the appellants was also furnished.
The appellants filed Writ Petition which has been dismissed.
Finding of the Court:
There is no infirmity in the impugned judgment.
Result: Appeal dismissed.
Legal Category Hierarchy
Table of Contents
2. Whether a subsequent land allotment constitutes a continuation of a lapsed prior allotment or a fresh grant with independent eligibility criteria. (Para 7 , 8 )
3. The initial allotment lapsed due to non-payment of premium; the subsequent allotment was a fresh proposal under a government resolution, rendering the original eligibility date irrelevant. (Para 10 , 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20 , 21 , 22 )
4. A fresh allotment made after a prior allotment lapses under statutory regulations is governed by the eligibility criteria prevailing at the time of the new allotment. (Para 16 , 19 )
5. Appeal dismissed and High Court judgment upholding the exclusion of ineligible members affirmed. (Para 23 )
6. Does a modification of terms in a subsequent allotment revive a lapsed prior allotment for eligibility purposes?
No. If an initial allotment lapses due to non-fulfillment of statutory conditions, a subsequent resolution modifying specific terms, such as premium rates, does not make the new allotment a continuation of the old one for determining eligibility. (Para 16 , 18 , 19 )
7. How is eligibility determined when a housing society requests land allotment under a specific Government Resolution?
Eligibility is determined by the terms and conditions specified in the applicable Government Resolution. If the resolution requires employees to be in service on the date of the indent letter, that date is the controlling factor. (Para 13 , 19 , 20 , 21 )
8. What is the effect of non-payment of premium under the Disposal of Land Regulations?
Under the Disposal of Land Regulations, if the premium is not paid within the time prescribed or permitted by the Authority, the agreement stands determined and the earnest money is forfeited, causing the allotment to lapse. (Para 12 , 13 )
JUDGMENT
ASHOK BHUSHAN, J.
This appeal has been filed against judgment dated 19.06.2012 of the High Court of Bombay by which Writ Petition No.8224 of 2011 filed by the appellants has been dismissed.
2. Brief facts of the case giving rise to this appeal
are:
The Mumbai Metropolitan Region Development Authority has been constituted under the Mumbai Metropolitan Region Development Authority Act, 1974. The Authority has framed Regulations, namely, Mumbai Metropolitan Region
Development Authority (Disposal of Land) Regulations, 1977 which were also amended vide Notification dated 29.04.1997. The Authority in accordance 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 Cooperative 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 Co operative Housing Society of the employees of the Authority was registered on 25.06.1999 under the Maharashtra Cooperative 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 requests, namely:
(a) The rate of Rs.1400/per sq. mtr. is the rate of developed plots and, therefore, the land falling under road and compulsory open spaces should be made available free of cost.
(b) Instead of insisting on payment of the premium in one or two instalments, the Society may be permitted to pay the land cost in yearly instalments spread over 10 to 15 years.
(c) Pending the final decision, advance possession of the plot of land be given to the Society by charging a token amount @ 2% of the estimated cost of the land.
4. On 09.07.1999, the Government of Maharashtra had issued Government Resolution pertaining to the Govt. land to be allotted to the Housing Society. The document contained various terms and conditions under which Government land can be allotted to the Co-operative Housing Society. The letter dated 09.12.1999 of the Society was not favourably responded by the Authority. Again letter dated 26.02.2001 was sent by the Society to the Authority requesting to put up a proposal for consideration of the Authority in the forthcoming meeting for allotment of land to Society on similar terms as that of the allotment of land to the MMRDA ClassIV Employees Cooperative Housing Society. Reminder dated 27.04.2001 was again sent by the Society. The Authority vide its letter dated 03.05.2001 wrote to the Society where the Authority requested the Society to go through the terms and conditions given in the Resolution dated 09.07.1999 and communicate its willingness so that further action be taken in the matter. Copy of Government Resolution dated 09.07.1999 was forwarded to the Society to communicate its willingness as per terms and conditions given in Government Resolution dated 09.07.1999.
5. The Authority in its meeting dated 01.09.2003 resolved to allot the land to the Society as per the terms and conditions dated 09.07.1999. In the Resolution it was further stated that the allotment will be made at the rate of Rs.2500/per sq.mtr. In the above respect, the condition No.(c) contained in the Resolution dated 07.06.1997 was modified. A letter dated 11.12.2003 was issued by the Authority to the Society relating to grant of land area 13,700 sq.mtr. as per Resolution date
