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DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Yogesh Dilip Devre – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule is made returnable forthwith. With the consent of parties petition is taken up for final hearing.
2. By this petition, Petitioner challenges order dated July 6, 2023 passed by the Maharashtra Administrative Tribunal (Tribunal) dismissing the Original Application No. 785 of 2023. The Original Application was filed by the Petitioner challenging order dated April 25, 2023 and communication dated June 05, 2023 by which allotment of residential quarter in his favour is cancelled and he has been directed to handover possession of the same. The Tribunal has dismissed the Original Application holding that issue involved therein does not fall within it’s jurisdiction as the same has already been dealt with by City Civil Court, Mumbai.
3. Briefly stated, facts of the case are that Petitioner’s father was employed in Aarey Dairy and was allotted residential accommodation bearing quarter No. FQ 10, Government Colony, Unit No. 2, Central Warehouse, Aarey Milk Colony, Goregaon (East), Mumbai-400 065. The Petitioner’s father was declared as surplus in the Dairy Department and was absorbed on the post of Peon in the General Administration Department, Mantr
The cancellation of an allotment order without notice constitutes a violation of the principles of natural justice, rendering the order null and legally unsustainable.
The court affirmed the validity of Paragraph XXVI of SO No. 03/2015, emphasizing the importance of preventing unauthorized construction and maintaining harmonious relations in government quarters.
The necessity of issuing a notice before imposing penal rent upon government employees for occupying quarters post-allotment cancellation is affirmed.
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
Retrospective penal rent for higher government quarters unjustified after long legitimate occupation with normal charges; prospective application only.
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