( 1 ) THE petitioners are seeking a Writ of Mandamus to be issued to the respondent Corporation directing it to transfer to the petitioners the ownership of the residential flats which are occupted by them.

( 2 ) THE facts of the case are in a very narrow compass. The petitioners were the employees of the respondent corporation. The Corporation had, out of its own funds, constructed staff quarters at Mandelian Road, Bhamashah Market, Kamla Nagar, Delhi. These quarters (which have also been called flats) were allotted to the various petitioners, from time to time, during the course of their employment with the respondent. On such allotment being made the petitioners became liable to pay to the respondent licence fee. The respondents had also constructed other staff quarters at different localities in Delhi. One such place where quarters were constructed was Nimri.

( 3 ) THE contention of the petitioners is that the Corporation had passed various resolutions whereby it had been resolved that the ownership of the flats, which had been allotted to. the petitioners and the other employees of the Corporation, should be transferred to them. In view of the fact that the transfer has not yet taken place it is submitted that this court should direct the respondents to give effect to their resolutions.

( 4 ) IN order to appreciate the various contentions raised in this case, it is, firstly, necessary to refer to the various relevant resolutions passed by the Corporation and its Standing Committee, from time to time, with regard to residential flats constructed by them. 1st RESOLUTION The Corporation had acquired various pieces of land and (7. 5. 1968) had formulated a scheme known as northern. City Extension Scheme I for residential purposes, with provision also for a shopping area. After development some plots were sold to private individuals in the year 1937 and in subsequent years but some plots were reserved for various municipal purposes. On a plot of land measuring 2750 sq. yards on Mandelian Road a three storey building was constructed by the Corporation. The ground floor consisted of 30 shops while 22 residential flats were constructed on the first and the second floors of the said building. The ground floor consisted of 30 shops while 22 residential flats were constructed on the first and the second floors of the said building. The Corporation proposed to dispose of the shops and flats by public auction and this led to the passing of the first resolution on 7. 5. 1968 which was in the following terms : resolution No. 143 Resolved that as proposed by the Commissioner in his letter No. 320/ Candc dated 20. 3. 68 and recommended by the Standing committee vide its resolution No. 900 dated 5. 4. 68, disposal of shops and flats by auction of 3storeyed building at Mandelian Road, Kamla Nagar be approved. " 2nd RESOLUTION Auction was held pursuant to the aloresaid resoution. (27. 7. 1970) While all the shops were disposed of, the offers received in rerpect of the residential flats were below the reserved prices. It was then proposed that the flats be allotted to the officers of the Corporation on the basis of their salaries so that the Corporation may be. in a position to get a reasonable return from investment as the officers would be liable to pay rent fixed in accordance with the provisions of P. R. 45-A. This led to the passing of the Second Resolution, which was in the following terms : "resolution No. 433 Resolved that as proposed by the Commissioner in his letter No. 1772/ Candc dated 1. 12. 69 and recommended by the Standing committee vide its Resolution No. 323 dated 14. 5. 70 allotment of flats to the officers in three storeyed building at Mandelian Road on the terms and conditions specified in his letter referred to above be approved. Resolved further that the cost of flats to be allotted to the Officers be borne from the Revenue of the general Account and transferred to the remunerative Project Account