ARUN GANPATRAO KALE Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) Heard learned Counsel for the parties. Rule. Rule made returnable forthwith by consent. Mr. Sambre, learned Government Pleader waives notice for respondent. All these petitions can be disposed by common judgment.

(2.) The short question involved in these petitions is, whether the Authority was justified in cancelling the allotment of flats already made in favour of the respective petitioners who had applied pursuant to the advertisement dated 23rd March, 1999. One of the conditions which, according to the Authority has been breached in case of each of the petitioners, is that the annual income of the respective petitioner and his/her spouse exceed sum of Rs. 54,000/-. The eligibility of income criteria, however, has been stipulated in the terms and conditions for allotment as notified on 23rd March 1999, in particular under Clause 10 thereof. It is common ground that besides the Terms and Conditions notified by the Authority, there are no other rules or regulations which are applicable to answer the point in issue. According to the petitioner, the terms and conditions advertised and notified only refer to annual income of the "applicant" and not the annual income of applicant and his/her family members or spouse.

(3.) For considering the grievance of the petitioners, it would be apposite to straightway advert to Clause 10 of the notified terms and conditions which reads thus-