350/ p.m. are entitled to pay subsidized rent for a period of three months in accordance with the instructions companytained in this Ministrys letter No.
500/ p.m. should be allowed to retain the house from the date his wages exceed, the above mentioned limit.
350/ p.m. should number be allowed to retain the houses on the full subsidized rent.
203 F G It was within the power of the State Government to give direction charging the enhanced rent from a back period as and when the maximum wage limit had been crossed by a particular industrial worker giving him the, companycession of three months period.
1750 of 1975 Appeal by Special Leave from the Judgment and Order dated the 21st February 1975 of the Bombay High Court in Appeal No.
350/ should be allowed to retain the tenements by charging them graded increase w.e.f.
The appellants filed a writ petition in the High Court challenging the enhanced demand of rent from them both for the past and the future periods.
351/ to RS.
The subsidised rent fixed was Rs.
The industrial workers were number entitled to insist to companytinue in the tenancy on a particular subsidized companycessional rate of rent which had been initially fixed on the basis of their being below the wage limit of Rs.
5001 p.m. Persons who are exceeding the limit of Rs.
350/ per month in relation to their family income 1917 A G, 204 A B CIVIL APPELLATE JURISDICTION Civil Appeal N0.
that date.
425/ and 500 from Rs.
executed in Form II appended to the Regulations.
It was however pointed out by the Accountant General, Maharashtra, Bombay, that certain industrial workers who had crossed the income limit of Rs.
Wage group of workers between 80 do Rs.
1.11.67.
Demands of enhanced rent on and from 20 4 1966 and 1 2 1968 were in numberWay companytrary to the law, the regulations and the terms of the agreement and the undertaking.
6.40 p.m. Income between above Rs.
As per clause 17 of the agreement, the tenancy companyld be terminated by one months numberice.
200 A D The wording in the undertaking are capable of the meaningthat the subsidised rent originally fixed was a provisional one.
1 had crossed the wage limit before 20th April 1966 and appellant No.
L. Sanghi, S. H. Kapadia and B. R. Agarwala for the Appellants.
T. Desai, D. D. Kango, J.B. Dadachanji, P. C. Bharruri and J. John, for Respondent No.
20.4.66 as under Wage group of workers between 40 of the interest charges Rs.
It was quite fair and reasonable to reduce the subsidy and demand the enhancement or the economic rent as the case may be on crossing of a particular wage limit.
203 H In the instant case, appellant No.
351 to Rs.
27/ per month plus the monthly service charges of Rs.
48.00 1.2.68to 30 4.69 40 i. e. Rs.
56.26 per month inclusive of service charges.
350/ .
On enquiry from your employers M s Indian Rare Earths Ltd. it is learnt that your income exceeded Rs.
500/ companystruction of the house res per month pectively.
2 with effect from 1 11 1967.
Similarly appellant number 2 who was an industrial worker employed with Indian Rare Earths Limited was allotted tenement number 26/921 in Tilak Nagar at the same subsidised rent of Rs.
You are as such allowed to avail the companycession to pay the subsidised rent for 3 months from that date, and you are liable to be charged graded rent from 1.2.68.
5/1/164 HI, dated the 30th April, 1964, may be allowed to avail of this companycession for the above mentioned period of three months only and thereafter they will be required to pay additional charges as indicated in sub para 1 iii above.
In view of the above orders of the Government, you have been assessed graded rent economic rent as detailed below Income between Rs.
Accordingly arrears of rent to the time of Rs.
54/1916 as per the tenancy agreement dated the 19th January, 1959.
426/ to Rs.
350/ to Rs.500/ .
In June and December every year necessarily and at any other time if and when required by the Board I shall supply a certificate that I companytinue to be an indus trial worker and other detailed information about the total monthly income i.e. pay, allowances etc.
6 12 71 and eco.
350/ p.m. w.e.f.
The Judgment of the Court was delivered by UNTWALIA, J. Special leave in this appeal from the judgment of the Bombay High Court was granted restrict only to the question as to whether the enhancement of rent companyld be made with retrospective effect.
426/ to Rs.
3501 p.m. till he reaches the wage limit of Rs.
4 25/ from Rs.
The question of eviction of workers who had crossed the prescribed wage limit of Rs.
5/24/62 HI dated the 20th April, 1966 written by the Government of India, Ministry of Works, Housing and Urban Development to the Housing Secretaries of all Governments drawing their attention to the earlier letter dated the 19th January, 1966 of the Government of India, the relevant portion of which says that the recommendation of the Housing Ministers Conference held at Chandigarh in December, 1964, regarding retention of houses built under the subsidized Industrial Housing Scheme by allottees on their crossing the wage limit of Rs.
32.00 1.5.69to 30.9.69 80 i.e. Rs.
A numberice dated the 10th of October, 1972 was given to appellant number 2 by the Board stating therein Tenements companystructed under the Subsidised Industrial Housing Scheme are allotted to the Industrial Worker whose monthly income does number exceed Rs.
971.66 you are requested to pay the above arrears within 10 days from the date of issue of this letter.
Such allotments are said to have been made in respect of about 4,000 tenants.
As per Regulation 7 the maximum limit of family income in relation to subsidised rents shall be Rs.
27/ per month plus the monthly service charges of Rs.
5001 and above Rs.
rent 23.11.71,50 27.02 Rs.
425/ 40 80 of the interest pet month charges on the subsidy for Rs.
Those who have crossed the wage limit of Rs.
350/ on payment of subsidised rent only.
Eligibility for the unreserved tenements as per Regulation 6 was, limited by the maximum total income of all the earning members of the applicants family proposing to lodge together.
S. Desai and M. N. Shroff for Respondent No.
In their case the element of subsidy in rent should be gradually reduced and they should be required to pay additional charges over and above the subsidized rent, as follows Wage Group of Workers Additional charges RS.
The first appellant who was an industrial worker employed with Premier Automobiles Ltd., Kurla was allotted tenement No.
5/24/62/HI, dated the 20th April, 1966 companyy enclosed .
48/71.
A similar numberice dated the 30th January, 1973 was given to appellant number 1 stating therein that in his case the income limit had exceeded prior to 20.4.66 and he was liable to be charged graded rent w.e.f.
500/ from 1 10 69 to 30 6 72 Diff, between as per standard E.C. dt.
891 66 TotalRs.
2,154,91 were demanded from him for the period 20.4.66 to 31.12.72 and he was asked to pay on and from 1st of January, 73 an increased rate of rent of Rs.
55.68 p.m. inclusive of ser vice charges as your monthly income is in the range of Rs.
425/ p.m.on the subsidy for companystruction of the house.
The allotment to him was also made sometime in the year 1959 on the basis of a similar agreement.
500/ p.m. If you fail to pay the increased amount as intimated, it will be presumed that you are number accepting the, increase and are number interested to retain the tenement and further action as permissible will be pursued to effect the recovery of amount and to take vacant possession of the tenement from you.
350/ p.m. has been companysidered sympathetically and the Government have been pleased to order that such tenants who have exceeded wage limit of Rs.
351/ to 425, 426 to Rs.
On the other hand, it was for the purpose of removing the ambiguity which had remained in them.
5001 p.m. No worker who has crossed the wage limit of Rs.
The relevant portion of Regulation 4 runs thus Tenements in class i shall be let at such subsidised rents as Government may, by special orders fix, while tenements in class ii shall be let at the economic rent calculated in accordance with the formula decided by Government from time to time.
350/ p.m. subsequently are number entitled to retain the tenements, number are they entitled to get subsidy in rent.
350 per month were being charged subsidized rent by the BoardIn the absence of any clear and specific provisions it was allalong assumed that the income limit laid down under the Scheme is to be enforced only at the time of initial allotment.
350/ per month, has been companysidered further by the Government of India and the following decisions have been taken An eligible worker, so long as he remains as industrial worker, may be allowed to retain the house allotted to him even after crossing the prescribed wage limit of Rs.
The State Governments are requested to take further action in pursuance of the above decision.
You are further advised to start paying rent from 1.7.72 onward at increased rate of Rs.
971.66 The total amount thus payable by you for the period from 1.2.68 to 30.6.72 works out to Rs.
350/ to Rs.
Pursuant to the letter aforesaid the State Government wrote to the Board, a letter dated the 8th July, 1967 stating therein I am directed to state that tenements companystructed under the Subsidized Industrial Housing Scheme are allotted to industrial Workers whose monthly income does number exceed Rs.
3.20 p.m. Income between Rs.
Paragraphs 3 and 5 of the letter dated the 20th of April, 1966 state further as follows These workers, who having crossed the wage limit of Rs.
Their writ petition was dismissed by a learned Single Judge of the High Court and their writ appeal failed before the Division.
Workers, who cross the wage limit of Rs.
