This was objected by the Municipal Commissioner by a letter dated 5.2.1980 stating that 324 quarters cannot be transferred as the Corporation is already short of municipal accommodation and that it has received loan of Rs.461 lacs from the Government of India and further quarters cannot be transferred except at a market rate in a fair companypetition.
Civil Writ Petitions number1662/1988 etc.
1205 dated 10.3.1980 and decided to sell the municipal quarters in Nimri Municipal Colony to allottees employees.
Although the Central Govt.
Subsequently, the Corporation by resolution No.937 dated 9.2.1979 resolved that in view of the Commissioners letter JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ dated 14.12.1978 unauthorised occupants of the municipal JJJJJJJJJJJJJJJJJ quarters in Nimri Municipal Colony be offered these quarters on hire purchase basis at the market value existing in 1974 plus interest upto date 11 p.a.
It is the companytention of the petitioners that once the Corporation passes the resolution for such transfers, the Commissioner has to abide by it and on objection being taken by him the resolution cannot be nullified.
superseded the earlier set of elected representatives for passing a resolution for sale, the Central Govt.
Delhi Admn.
and that the offer be made to those who pay the first installment within a period of 4 months from the date of offer.
On 18.1.1990 Lt.
did number take any action against the elected representatives for passing the same.
On a plot of land measuring 2750 sq.
On 21.3.1990, the Commissioner, Municipal Corporation made recommendation for rescinding the resolution and on 22.3.1990 the Chief Secretary, Delhi exercising his powers of Administrator of the Corporation approved the proposal for rescinding the resolutions 1 dated 4.12.1970, 2 dated 25.4.1972, 3 dated 31.7.1973 and 4 dated 20.2.1989.
Hence, the matter was placed for review before the Corporation.
On 6.1.1990, the Ministry of Home Affairs superseded the MCD and appointed Chief Secretary to perform duties of Municipal Corporation of Delhi.
It was further resolved that the companyt of flats to be allotted to the officers be borne from the Revenue of the General Account and transferred to the Remunerative Project Account.
Subsequently, on 1.4.1980, the Central Government superseded the Corporation and one of the grounds for super session was The Corporation passed a Resolution to sell staff quarters in Nimri Colony to occupants allottees ignoring the fact that the quarters were meant to serve as amenity to serving staff.
Again, by resolution No.868 dated 4.12.1970, it was decided that the flats be sold to the municipal employees on numberprofit numberloss basis and the allottees be charged at 15 of the assessed companyt in the first instance and the balance in easy installments spread over a period of ten years.
It is pointed out that the Corporation acquired land and formulated a scheme known as Northern City Extension Scheme I for residential purposes, with provisions also for a shopping area.
After elections, the Corporation passed fresh Resolution No.924 dated 15.2.1984 restoring the earlier resolution for sale of quarters at Nimri Colony to allottees authorised occupants at the market value of 1974.
In response to the above resolution, the Corporation passed Resolution No.
The legal advisor companysidered the above resolution No.868 and opined two difficulties in implementing the same i.e. Section 200 d of the Municipal Act, and 2 in some companyonies the flats were built after taking loan from Central Govt.
Subsequently, by resolution No.1076 dated 20.2.1989, the Corporation accepted the recommendations of the Standing Committee and reiterated its earlier resolution dated 4.12.1970 with recommendation of sale of the quarters at Nimri Colony at market value prevalent in 1974 to the present allottees unauthorized occupants only.
On one occasion, Corporation requested the Government to amend section 200 suitably so as to empower the Corporation to transfer the immovable property.
Hence, the earlier resolutions for transfer of the municipal quarters stood rescinded.
All the shops were disposed of but as the bids received for residential flats were below the reserve price, the bids for flats were rejected.
were filed before the High Court and the High Court dismissed the same.
The said resolutions are objected to by the Municipal Commissioner on one ground or the other.
yards on Mandelian Road a three storey building was companystructed.
Thereafter, by resolution No.433 dated 27.7.1970 the MCD decided that the flats may be allotted to the officers of the Corporation on the basis of their salary so that the Corporation may at least be in a position to get a reasonable return from the investment.
Governor directed the Corporation to rescind resolutions dated 4.12.1970, 25.4.1972, 31.7.1973, 21.12.1988, 20.2.1989 and 4.10.1989 except in so far as they related to part of the Nimri Colony.
On 7.5.1968, the C.D. passed the first Resolution No.143 and approved the proposal of sale of flats and shops by public auction.
The Standing Committee also resolved on 12.4.1979 for transferring tenements companystructed under the Low Income Housing Scheme at Nimri Colony to the allottees.
13920 13921, 14385, 14386, 14398, 14403, 14405, 14393, 14411, 14400, 14406, 14402, 14615, and 14619 of 2000.
In the said writ petitions also, subsequent resolution rescinding earlier resolutions was challenged.
Again, legal opinion was obtained by the Corporation wherein the Corporation was informed that under Section 200 d of the Act the Corporation cannot sell any immovable property below the market rate and the resolution was number companysistent with the mandatory provisions of law.
The Corporation was superseded three times on the same companynt.
for implementing the earlier resolutions for transferring the quarters were filed before the High Court.
The Commissioner, on account of super session of the elected representatives, in exercise of his powers under Section 490 of Act passed resolution No.235 dated 23.7.1980 rescinding the earlier resolutions regarding transfer of tenements companystructed at Nimri Colony to the allottees.
On 27.12.1989, the Central Government issued numberice to the Corporation to show cause as to why the Corporation be number superseded.
No.118 of 1989 etc.
WITH SLP Civil Nos.
No other resolution was passed by the Corporation.
Further, inspite of the letter of the Commissioner to the Corporation requesting to rescind resolutions dt.4.12.1970, 25.4.1972, the Standing Committee by resolution No.1515 dated 21.2.1988 recommended to the Corporation that the resolution of 4.12.1970 be reiterated.
However, by resolution No.1156 dated 28.2.1980, the Standing Committee resolved that the quarters in Nimri Colony be sold to allottees employees at the market price.
The Corporation by its resolution No.13 dated 25.4.1972 reiterated its earlier decision.
L.P.As.
Again, by resolution No.437 dated 31.7.1973 it was decided to reiterate earlier decision taken on dated 4.12.1970.
Thereafter, the Lt.
Governor of Delhi in exercise of his powers companyferred by Section 487 raised an objection to the passing of the aforementioned resolution which, in his opinion, was in violation of mandate of Section 200 d and hence issued a show cause numberice as to why a direction may number be issued for making arrangement for proper performance of the duties.
Hence these special leave petitions.
on the companydition that the same will remain as municipal property and will number be sold to its employees.
The said flats and shops were put up for public auction on 4.8.1968 and again 6.10.1968.
Shah, J. LITTTTTTTJ The question involved in this group of special leave petitions is Whether the employees of Municipal Corporation can claim any right for transfer of municipal quarters to them on the basis of the resolutions passed by the Municipal Corporation, which are number initiated or moved but objected to by the Municipal Commissioner?
