Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mumbai Metropolitan Region Development Authority (Disposal of Land) Regulations 1977 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Mumbai Metropolitan Region Development Authority (disposal of Land) Regulations (0 of 1977) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Mumbai Metropolitan Region Development Authority(Disposal of Land) Regulations 1977:Disposal of land under the Regulations – MumbaiMetropolitan Region Development Authority passed Resolutiondated 7.6.1997 for allotting land – To the proposed Co-operativeHousing Society of its employees – The Co-operative Societyrequested the Authority to alter the terms and conditions of theResolution – Request was not heeded to – State Government issuedResolution dated 09.07.1999 pertaining to allotment of Govt. landfor Housing Society with various terms and conditions – TheAuthority by its Resolution dated 01.09.2003 decided to allot theland to the Society as per the terms and conditions dated 09.07.1999– The Authority allotted the land to the Society on 01.09.2003 –Letter of intent was issued on 11.12.2003 – It excluded the non-eligible members (including names of appellants) on the groundthat they were not in service on the date of Letter of Intent – Writpetition by the appellants – Dismissed by High Court holding thatthe appellants had been rightly held ineligible being not in serviceon the date of allotment as the allotment was made on the basis offresh proposal – On appeal, held: Earlier allotment dated07.06.1997 had lapsed due to non-fulfillment of the terms andconditions – Allotment dated 01.09.2003 was a fresh allotmentpursuant to Resolution dated 09.07.1999 – Therefore, eligibilityhas not to be seen as per Resolution dated 07.06.1997 – Theeligibility of the members has to be seen as on 11.12.2003 i.e. whenthe letter of intent was issued - The appellants have been rightlyheld ineligible. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 313 |
Petitioner | S. V. Asgaonkar & Ors. |
Respondent | The Mumbai Metropolitan Region Development Authority & Ors. |
SCR | [2018] 3 S.C.R. 410 |
Judgement Date | 2018-04-09 |
Case Number | 3488 |
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