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
- Whether the 2003 allotment continued the earlier lapsed allotment.
- Which date governed the employees’ eligibility for the housing benefit.
Provisions considered
- Clause (iA), inserted by the amendment of 29 April 1997, Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations, 1977The quoted clause provided for determination on non-payment of the prescribed premium. Failure to pay meant that the earlier offer did not fructify and lapsed; requests for relaxed terms had not been granted. (¶¶ 12, 13, 16, 18)
Held
- The Society did not fulfil the earlier premium conditions and instead sought different terms. It subsequently requested and accepted consideration under the Government Resolution of 9 July 1999. The 2003 allotment was therefore fresh; merely referring to modification of the earlier premium did not revive the lapsed allotment. (¶¶ 13, 14, 15, 16, 17, 18, 19)
- Condition 8 required service on the date of the letter of intent. The relevant date was 11 December 2003, as the Society itself recognised and accepted, rather than the 1997 resolution or 1998 letter. The appellants were not then in service and could not claim inclusion. (¶¶ 13, 19, 20, 21, 23)
- After scrutiny excluding ineligible members, the allotted area was reduced from 13,700 to 10,700 square metres. On the facts and accepted conditions the Court found no basis for relief. (¶¶ 22, 23)
Result
Appeal dismissed; High Court’s refusal to interfere with the appellants’ exclusion from the eligible-members list upheld.