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Supreme Court of India 2018-04-09 dismissed

S.V. Asgaonkar & Ors vs Mumbai Metropolitan Region Development Authority & Ors

Bench: 2 — Ashok Bhushan

In Brief

The Mumbai Metropolitan Region Development Authority (MMRDA) allotted land to a cooperative housing society of its employees. The Authority initially issued an allotment letter dated 05.11.1998 for 13,700 sq.mtr. at Rs.1,400 per sq.mtr., but this lapsed when the Society failed to meet statutory payment deadlines under the Disposal of Land Regulations. In 2003, MMRDA made a fresh allotment at the higher rate of Rs.2,500 per sq.mtr. based on a new Government Resolution dated 09.07.1999. This fresh allotment expressly required employees to be in service on the date the Letter of Intent was issued (11.12.2003). The appellants, no longer in service on that date, were excluded as ineligible. The Court held that the 2003 allotment was separate from the 1997 proposal, and since the Society itself had accepted the eligibility criteria tied to 11.12.2003, the appellants could not challenge it. The appeal was dismissed.

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Housing Law Cooperative Societies Land Allotment Administrative Law Eligibility Criteria Government Resolutions Statutory Regulations

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