Case Note & Summary
This matter arose from an earlier judgment of the Supreme Court in Shantistar Builders v. Narayan Khimalal Gotame & Ors., (1990) 1 SCC 520, wherein the Court directed the State Government to constitute a committee for monitoring allotment of houses to weaker sections as per schemes sanctioned while exempting urban land under Section 21 of the Urban Land (Ceiling & Regulation) Act, 1978. The earlier order also required the Bombay High Court to ensure availability of an Additional District Judge as a committee member and impressed upon the committee to ensure fulfillment of the constitutional goal of providing homes to the poor homeless. The State Government filed an affidavit on March 30, 1990 seeking modifications or clarifications. It contended that under the Act, the Deputy Commissioner is the competent authority and an appeal is provided to the Additional Commissioner (except for Bombay and Pune where the Commissioner deals with it), and if an Additional District Judge were to supervise allotment as per the scheme, it would be inconvenient to the appellate authority to consider the scheme under the Act. The State also submitted that taking away the discretionary power of the Government in allotment of houses is not justified. The Court rejected both contentions, holding that the Committee had nothing to do with the provisions of the Urban Land Ceiling Act. After exemption under Sections 20 or 21 is granted, the builder is required to implement the scheme in terms of the sanction made by the Government for construction of buildings and allotment to weaker sections. The Court intended to ensure that builders abide by the guidelines laid down in the earlier judgment and that the Committee supervises allotment to homeless weaker sections. The question of the Commissioner sitting in appeal over the working of the Committee did not arise. The Court declined to modify its earlier direction and directed the Government to comply with the constitution of the Committee within 30 days from receipt of the order, noting that compliance had already been delayed for more than five years. The remaining matters were adjourned.
Headnote
A) Urban Land Ceiling - Exemptions and Committee Monitoring - Sections 20, 21 of Urban Land (Ceiling & Regulation) Act, 1978 - The Committee constituted under this Court's earlier order is independent of the statutory appellate machinery under the Act and only supervises implementation of the sanctioned scheme and allotment to weaker sections - The State sought modification alleging conflict between Additional District Judge supervision and appellate authority, and loss of discretionary power; the Court rejected both contentions as misconceived and directed compliance within 30 days - Held that the Committee has nothing to do with the provisions of the Urban Land (Ceiling & Regulation) Act, 1978 and that the builder is required to implement the scheme as sanctioned. (No paragraph numbers available)
Issue of Consideration
Whether the State's requested modifications/clarifications to the earlier order constituting a committee for monitoring allotment of houses to weaker sections should be accepted, particularly regarding the role of Additional District Judge and alleged curtailment of Government's discretionary power.
Final Decision
The Court rejected the State's request for modification, holding that the Committee had nothing to do with the provisions of the Urban Land (Ceiling & Regulation) Act, 1978, and that the builder is required to implement the sanctioned scheme. The Government was directed to comply with the constitution of the Committee within 30 days from receipt of the order, as compliance had been delayed for more than five years.
Law Points
- Committee constituted under Court order has nothing to do with provisions of Urban Land (Ceiling & Regulation) Act
- 1978
- Committee only supervises implementation of sanctioned schemes and allotment to weaker sections
- Presence of Additional District Judge on Committee does not interfere with statutory appellate hierarchy
- Discretionary power of Government in allotment not taken away
- Builder required to comply with scheme
- State Government directed to constitute Committee within 30 days.
