CHANDRABHAN SUKHADEO SANGLE Vs. URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) The Petitioners in these Writ Petitions are claiming that they were allotted selfcontained residential flats by the State Government from the discretionary quota available to the Hon'ble Chief Minister of the State of Maharashtra.

(2.) As per the terms and conditions of the schemes sanctioned by the State Government under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976 ( for short "the ULC Act") in relation to various properties in the Urban Agglomerations in the State, the State Government is entitled to receive certain residential flats. These flats form part of the the discretionary quota available to the Hon'ble Chief Minister of the State of Maharashtra which is popularly known as "5% quota". Earlier it was known as "10% quota". Under the Maharashtra Housing and Area Development Act, 1976 ( for short "MHADA Act"), various boards have been established. In exercise of powers under the MHADA Act, the Maharashtra Housing and Area Development (Estate Managements, Sale, Transfer and Exchange Of Tenements ) Regulations, 1981 ( for short "the said Regulations") have been framed. The Boards constituted under the MHADA Act are empowered to construct buildings containing residential tenements. In fact, one of the functions of such Boards is to provide housing accommodation in the State. Under Clause (1) of Regulation 16 of the said Regulations, the Boards are empowered to allot tenements in any building according to the directions of the State Government. Clause 2 of Regulation 16 of the said Regulations provides that number of tenements to be allotted as per the directions of the State Government shall be restricted to the extent of 2% of the total number of tenements in the buildings. It is provided that the tenements already advertised for allotment of flats for the members of the public shall not be allotted under the said 2% quota. 2% of the total number of flats form part of the the discretionary quota available to the Hon'ble Chief Minister of the State of Maharashtra which is popularly known as "2% quota".

(3.) The State Government has been allotting the flats forming part of 10% or 5% quota under the ULC Act and 2% quota under the said Regulations in exercise of the discretionary powers of the Hon'ble Chief Minister. Various Government Resolutions and orders were issued from time to time from 18th August 1984 onwards. Lastly, a Government Resolution was issued on 30th November 2011 providing for allotment of flats in the discretionary quota of 5% and 2%. The said Government Resolution dated 30th November 2011 (for short "the impugned Government Resolution) has been challenged in some of the Petitions. The said Government Resolution provides that existing waiting list of Applicants for allotment against the 5% quota shall be cancelled. It provides that the persons whose names were appearing in the waiting list will be entitled to apply afresh as per the impugned Government Resolution.