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Civil Property & InheritanceSupreme Court of India

S.V. Asgaonkar & Ors. v. The Mumbai Metropolitan Region Development Authority & Ors.

Civil Appeal · 2018 INSC 313Decided 9 Apr 2018
Civil Appeal No. 3488 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The appellants were employees of the Mumbai Metropolitan Region Development Authority (MMRDA) who formed a co-operative housing society in 1999 to seek allotment of land from the Authority for building homes on a leasehold basis. Over several years, the eligibility criteria for society membership and the extent of land to be allotted were revised by the Authority and the Maharashtra Government, eventually reducing the allotted land from 13,700 to 10,700 sq. mtrs. and fixing eligibility as of the date of the final allotment letter (11.12.2003) rather than the appellants' preferred earlier date. The appellants challenged this before the Bombay High Court, which dismissed their writ petition, leading to this appeal before the Supreme Court.

Decision Breakdown

The Supreme Court held that the Society itself had accepted the Authority's eligibility cut-off date of 11.12.2003 through its own correspondence, and could not later question a condition it had consented to. The Court found no merit in the appellants' argument that eligibility should instead be assessed as of the earlier resolution dates (07.06.1997 or 05.11.1998), since the Society's own conduct showed it had sought and accepted a fresh eligibility determination. The Court also noted the reduction in allotted land area was a legitimate consequence of excluding non-eligible members from the final list. Finding no infirmity in the High Court's judgment, the Supreme Court dismissed the appeal.

Lesson Learnt

When a group or society itself accepts a condition (such as an eligibility cut-off date) through its own conduct and correspondence, its individual members cannot later turn around and challenge that very condition in court: courts hold parties to positions they have earlier accepted.

S.V. Asgaonkar & Ors. v. The Mumbai Metropolitan Region Development Authority & Ors. – Legal Case Shots | LegalAware