VidhiSangh

Supreme Court of India · 09/04/2018

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

[2018] 3 S.C.R. 410 · 2018 INSC 313

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Summary

The Supreme Court upheld exclusion of former MMRDA employees from a housing-society allotment because they were not in service on 11 December 2003, the date of the fresh letter of intent. The earlier allotment had lapsed for failure to pay the required premium; the 2003 resolution followed a new proposal under the 1999 government conditions. Its reference to modifying the old premium did not continue the lapsed allotment or preserve the earlier eligibility date. The Society had accepted the later eligibility condition.

Issues

  1. Whether the 2003 allotment continued the earlier lapsed allotment.
  2. Which date governed the employees’ eligibility for the housing benefit.

Provisions considered

Held

Result

Appeal dismissed; High Court’s refusal to interfere with the appellants’ exclusion from the eligible-members list upheld.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 410.