The State Government's power to prescribe reservations is limited to the provisions of the MHADA Act, Rules, and Regulations.

JUDGMENT :

(Mangesh S. Patil, J.)

1. Heard. Rule. Rule made returnable forthwith.

2. Learned AGP waives service for respondent no. 1. Mr. Kadethankar waives service for respondents nos. 2 to 7. At the joint request of the parties, the matter is heard finally at the stage of admission.

3. The petitioner is a co-operative society of educated unemployed persons duly registered as such under the Maharashtra Co-operative Societies Act, 1960. It is claiming reservation in the commercial complexes being constructed by the respondents nos. 2 to 7 pursuant to the Government resolution dated 17 August 2002.

4. The learned advocate for the petitioner Mr. Darandale adverts our attention to the Government resolution dated 17 August 2002 and particularly clause no. 5 to submit that the Government has decided to reserve 10% of the commercial premises being constructed by the local bodies and the Government undertaking and further stipulating that the societies shall not be required to purchase the shops but to allot them the shops on concessional rent. He would submit that this policy is in tune with the provisions of the Maharashtra Housing and Area Development Act, 1976 (hereinafter ‘the MHADA Act’), Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981 (hereinafter ‘the Rules’) as well as the Maharashtra Housing and Area Development (Estate Managements, Sale, Transfer and Exchange of Tenements) Regulations, 1981 (hereinafter ‘the Regulations’). He would advert our attention to rule 5 as also rule 13 of the Rules.

5. Learned advocate Mr. Kadethankar who appears for the respondents nos. 2 to 7 referring to the affidavit in reply submits that the petitioner’s reliance on the Government resolution is mis-placed. It does not supercede the Rules and the Regulations. Going by rules 5 and 13 of the Rules and regulation 21-A and 21-B of the Regulations, no such reservation can be claimed in respect of commercial tenements.

6. We have carefully considered the rival submissions and perused the papers.

7. Rules 5 and 13 of the Rules read as under:-

“5. Disposal of land by lease.

(1) Subject to the provisions of rule 5A and except for the purpose of raising loans, the vacant lands shall ordinarily be disposed of by a grant of lease.

(2) Subject to the directions given by the Authority from time to time, the Chief Officer, may dispose of any vacant land or plot reserved for residential use in the approved schemes, by a lease to be granted in consideration of premium or rent or both for a term not exceeding 90 years and in the manner prescribed in the regulations to be made by the Authority for the purpose.

(3) The premium and lease rent to be charged shall be worked out in a manner to be laid down by the Authority in its regulations or by charging lease rent on the market value at a rate to be decided by the Authority.

13. Reservation of tenements

In respect of every group of tenements, or plots of vacant land in a layout to be disposed of for residential use, the Authority shall reserve, for the following categories of persons, tenement/plots in the percentages shows against them:-