S. V. ASGAONKAR & ORS. versus THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY & ORS.

S. V. ASGAONKAR & ORS. versus THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY & ORS.

The eligibility of members for allotment of land must be determined as per Condition No.8 of Annexure-A of the Government of Maharashtra Resolution dated 09.07.1999, i.e. as on the date of issue of Letter of Intent (11.12.2003), since the earlier allotment had lapsed and the subsequent allotment was a fresh proposal. The appellants, not being in service as on 11.12.2003, were rightly held ineligible.

Parties
Appellants: S. V. Asgaonkar & Ors.; Respondents: The Mumbai Metropolitan Region Development Authority & Ors.
Jurisdiction
India
Judgment Date
09 April 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Allotment of Government Land, Co Operative Housing Societies, Eligibility Criteria for Allotment, Interpretation of Regulations
Property Law Administrative Law Allotment of Government Land Co Operative Housing Societies Eligibility Criteria for Allotment Interpretation of Regulations

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Parties

S. V. Asgaonkar & Ors.

Appellants

The Mumbai Metropolitan Region Development Authority & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether eligibility for allotment of land should be determined as per the date of the original resolution or the date of fresh allotment/letter of intent
  2. 2 Whether the appellants were rightly excluded from the allotment for not being in service on the date of Letter of Intent

Ratio Decidendi

The eligibility of members for allotment of land must be determined as per Condition No.8 of Annexure-A of the Government of Maharashtra Resolution dated 09.07.1999, i.e. as on the date of issue of Letter of Intent (11.12.2003), since the earlier allotment had lapsed and the subsequent allotment was a fresh proposal. The appellants, not being in service as on 11.12.2003, were rightly held ineligible.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to appellants
  • Affirmation of High Court judgment dismissing the writ petition