SHYAMRAO UMAJI CHANDANSHIVE Vs. AIR INDIA LIMITED

JUDGEMENT

(1.) The petitioners in both these writ petitions were employed with the first respondent-Air India Limited. Pursuant to a proposal to setup an Airport in Navi Mumbai, Air India sought allotment of land from the third respondent-City and Industrial Development Corporation (for short, 'CIDCO') with a view to construct service flats for its employees. An agreement to lease was entered into between CIDCO and Air India on 13/01/1992. Subsequently, Air India constructed 508 flats in 25 residential towers on the aforesaid land. Air India thereafter proposed to sell those residential flats on outright basis to its employees. On disputes arising, Writ Petition No.336 of 2010 (Abhimanyu Hunkar Bhosale (Retd.) and others Vs. State of Maharashtra and others ) came to be filed by employees of Air India seeking issuance of directions in the matter of allotment of land by CIDCO and thereafter allotment of the flats constructed by Air India. Pursuant to various orders passed in the said writ petition including the orders dtd. 13/06/2010, 11/10/2010, and 08/12/2010, the time to make necessary payment for allotment of the flats came to be extended till 13/12/2010. It is the case of the petitioners that they were issued allotment letters on 11/11/2010 and had accordingly paid 10% of the amount of consideration. On the ground that they were not aware of the subsequent staff notices and Circulars issued by Air India in the matter of making the balance payment of 90%, they issued letters dtd. 16/01/2017 and 19/06/2017 to Air India making a request that the balance consideration to the extent of 90% be accepted and the flats be allotted. Since there was no positive response to these communications, Writ Petition No.2763 of 2017 was filed by ten employees on 11/09/2017 with a prayer that Air India and / or CIDCO be directed to accept the balance payment towards cost of the respective flats and thereafter issue the final allotment letters to the petitioners.

(2.) In the affidavit in reply filed on behalf of the Air India, it has been stated that though the petitioners were issued allotment letters on 11/11/2010, the same came to be cancelled for failure to make the balance payment within the extended time in that regard. Insofar as the Petitioner No.8 was concerned, his allotment was cancelled on 14/01/2011 and with regard to the other petitioners, the allotment was cancelled on 25/01/2011. It was further stated that on account of delay on the part of the petitioners in approaching this Court by filing the present writ petition, no relief could be granted to them. In the affidavit in reply filed by CIDCO it has been stated that it had no role to play in the matter of allotment of the residential flats and that Air India was the authority to make such allotment. It is further stated that on 11/01/2016 CIDCO received a letter from Air India stating therein that as the petitioners had paid only 10% of the cost of the flat and the balance amount was not paid within the stipulated period, the allotment made to them was cancelled.

(3.) Writ Petition No.3065 of 2021 has been filed by two similarly situated employees of Air India on 09/07/2021. The said petitioners have also made similar prayers as made by the petitioners in Writ Petition No.2763 of 2017.