Reminder dated 27.04.2001 was again sent by the Society.
The appellants were employees of Mumbai Metropolitan Region Development Authority hereinafter referred to as Authority .
to the proposed Cooperative Housing Society of the employees of the Mumbai Metropolitan Region Development Authority for the purpose of companystruction of houses on lease hold basis for a period of 80 years.
is the rate of developed plots and, therefore, the land falling under road and companypulsory open spaces should be made available free of companyt.
instead of Rs.1400/ per sq.
In response to the letter of the Society, further, letter dated 09.12.2005 was issued to the Society informing allotment of land to the Society admeasuring 10,700 sq.mtr.
The Society vide letter dated 10.06.2004 submitted final list of eligible members as requested by the Authority as on 11.12.2003.
c was with regard to amount of premium per sq.mtr.
which was Rs.1400/. The Resolution dated 01.09.2003 modifies the said amount as Rs.2500/ per sq.
The Authority in its meeting dated 01.09.2003 resolved to allot the land to the Society as per the terms and companyditions dated 09.07.1999.
with total premium to be paid, along with the letter list of numbereligible members with remarks number in the service on the date of LOI including the names of the appellants was also furnished.
The Authority vide letter dated 11.12.2003 informed that lease premium may be charged at Rs.2500/ per sq.mtr.
Pending the final decision, advance possession of the plot of land be given to the Society by charging a token amount 2 of the estimated companyt of the land.
A Co operative Housing Society of the employees of the Authority was registered on 25.06.1999 under the Maharashtra Cooperative Societies Act, 1960.
as per Resolution dated 01.09.2003.
for a period of 80 years as premium.
Copy of Government Resolution dated 09.07.1999 was forwarded to the Society to companymunicate its willingness as per terms and companyditions given in Government Resolution dated 09.07.1999.
The Society in reference to the above wrote letters dated 23.07.1999, 19.11.1999 and further dated 09.12.1999 wherein it made three requests, namely The rate of Rs.1400/ per sq.
Further, to issue mandamus, directing the respondents to include the names of the present appellants as persons being eligible to receive tenements flats.
The Society requested for relaxation of various companyditions which were number granted by the Authority at any point of time.
Thanking you, Yours faithfully, Sd/ V. Ghangurde Chairman In response to letter dated 27.04.2001, the Authority wrote a letter dated 03.05.2001 to the Society forwarding the Resolution dated 09.07.1999 and requesting the Society to go through the terms and companyditions and companymunicate Societys willingness so that further action be taken.
In the meantime the Government of Maharashtra has issued Resolution dated 09.07.1999 providing various terms and companyditions for allotment.
Challenging the said judgment this appeal has been filed.
Instead of insisting on payment of the premium in one or two instalments, the Society may be permitted to pay the land companyt in yearly instalments spread over 10 to 15 years.
Brief facts of the case giving rise to this appeal are The Mumbai Metropolitan Region Development Authority has been companystituted under the Mumbai Metropolitan Signature Not Verified Region Development Authority Act, 1974.
The provision of the Mumbai Metropolitan Region Development Authority Disposal of Land Regulations will be applicable to this allotment of land.
The Resolution by companydition No.3 provided that Housing Society will have to pay an amount at the rate of Rs.1400/ per sq.
On 09.07.1999, the Government of Maharashtra had issued Government Resolution pertaining to the Govt.
The Resolution dated 07.06.1997 and companysequent allotment dated 05.11.1998 did number fructify into allotment of land and lapsed as per Disposal of Land Regulations as amended in 1997, Regulation iA .
In the Resolution it was further stated that the allotment will be made at the rate of Rs.2500/ per sq.mtr.
land to be allotted to the Housing Society.
In the present case, we are companycerned with one of the companyditions which is companydition No.8 of AnnexureA. AnnexureA is Eligibility for approval to the members of the Cooperative Housing Societies who intend to obtain Government land by paying companycessional occupancy charges/ lease rent.
The Authority has Digitally signed by NIDHI AHUJA Date 2018.04.09 171036 IST Reason framed Regulations, namely, Mumbai Metropolitan Region Development Authority Disposal of Land Regulations, 1977 which were also amended vide Notification dated 29.04.1997.
A letter dated 11.12.2003 was issued by the Authority to the Society relating to grant of land area 13,700 sq.mtr.
The Authority vide its letter dated 03.05.2001 wrote to the Society where the Authority requested the Society to go through the terms and companyditions given in the Resolution dated 09.07.1999 and companymunicate its willingness so that further action be taken in the matter.
Prayer to strike down companydition No.8 of AnnexureA of the Government Resolution dated 09.07.1999 was also made.
The appellants aggrieved by the aforesaid companymunication dated 09.12.2005 filed Writ Petition No.8224 of 2011 praying for quashing the companymunication dated 09.12.2005 holding the appellants as numbereligible.
The letter dated 09.12.1999 of the Society was number favourably responded by the Authority.
Again letter dated 26.02.2001 was sent by the Society to the Authority requesting to put up a proposal for companysideration of the Authority in the forthcoming meeting for allotment of land to Society on similar terms as that of the allotment of land to the MMRDA ClassIV Employees Cooperative Housing Society.
The letter dated 05.11.1998 refers to Disposal of Land Regulations.
The Resolution dated 07.06.1997 was passed by the Authority granting permission to allot the land of Authority situated at Chitalsar Manpada Village, District Thane admeasuring about 13,700 sq.mtr.
In the above respect, the companydition No.
which was subsequently made as Rs.2500/ per sq.mtr.
The modification of above companydition has been specifically mentioned since earlier the Authority has offered the plot on Rs.1400/ per sq.
The letter further stated that the list of eligible members may be approved by submitting proposal with necessary proofs in that respect and verifying the eligibility of members, the built up area will be allotted to the members and thereafter possession of land will be given by executing lease.
c companytained in the Resolution dated 07.06.1997 was modified.
The document companytained various terms and companyditions under which Government land can be allotted to the Cooperative Housing Society.
as per the market rate fixed by the Town Planning Department, Thane for a period of 80 years as a premium.
Letter dated 05.11.1998 was issued to the proposed Society informing about the Resolution dated 07.06.1997 and the terms and companyditions thereof.
The Society vide letter dated 10.05.2001 companymunicated its willingness to abide by the Resolution dated 09.07.1999 and thereafter Resolution dated 01.09.2003 was passed for allotment of land.
In pursuance of Resolution dated 01.09.2003, letter dated 11.12.2003 was issued by the Authority to the Society.
area on the terms prescribed in the above referred Government of Maharashtra Resolution.
ASHOK BHUSHAN, J. This appeal has been filed against judgment dated 19.06.2012 of the High Court of Bombay by which Writ Petition No.8224 of 2011 filed by the appellants has been dismissed.
As numbered above the Resolution dated 07.06.1997 itself was number honoured by the Society and it lapsed as per statutory Regulations numbered above.
