Summary
Allotment of a vacant large market shop had to follow the court-approved Daud Committee norms. A claimant could not establish eligibility through an impermissible transfer of his father’s booking, nor could a partnership rely on partners’ individual payments and licences. Two marginally deficient claimants could compete under the earlier High Court direction. The Court replaced the lottery with sealed offers from four eligible claimants at an upset value of ₹55 lakh.
Issues
- Whether a transferred parental booking or partners’ individual qualifications established eligibility under the court-approved allotment norms.
- Whether marginally deficient claimants could compete and whether allotment should proceed by lottery or sealed offers.
Provisions considered
- Article 14, Constitution of IndiaIrregular transfers allowed in other cases did not create an entitlement to repetition of that irregularity contrary to the court-approved norms. (¶ 28)
Held
- Habibullah had neither applied nor paid the booking amount before the cut-off. The norms did not permit transferring his father’s booking; the Director’s contrary order could not prevail over the High Court direction requiring strict compliance. (¶ 23–32)
- Hande Wavare and Ganpat Shinde fell marginally short of the norms and could claim the vacant large shop under the earlier High Court direction permitting consideration of that category. (¶¶ 33–40, 51)
- The partnership had not itself complied with the norms and could not combine individual partners’ bookings, payments and licences to establish separate eligibility. (¶ 47–49)
- Given competition for the shop and the interest in obtaining revenue, sealed offers from the four identified eligible claimants were preferable to a lottery. (¶ 52–54)
Result
Appeals disposed of with directions: Habibullah’s claim rejected and the partnership’s ineligibility affirmed. Hande Wavare to regain its small shop, vacate F-158 by 30 September 2019 and receive ₹27,69,500 refund within two weeks of vacating. APMC to notify ₹55 lakh upset value by October-end, receive four eligible claimants’ sealed tenders by 15 November, open them on 22 November 2019 and allot to the highest bidder under its payment rules.