Case Note & Summary
The petitioner, Jay Bhawani Sawamrojgar Seva Sahakari Sanstha Maryadit, a co-operative society of educated unemployed persons registered under the Maharashtra Co-operative Societies Act, 1960, filed a writ petition seeking reservation in commercial complexes being constructed by the Maharashtra Housing and Area Development Authority (MHADA) and its boards (respondents 2 to 7). The petitioner relied on a Government Resolution dated 17 August 2002, which, according to the petitioner, provides for reservation of 10% of commercial premises for such societies. The petitioner argued that this policy is in line with the Maharashtra Housing and Area Development Act, 1976, and the rules and regulations thereunder. The respondents opposed the petition, contending that the Government Resolution does not apply to MHADA as it is a statutory authority and not a local body or government undertaking. The court examined the Government Resolution and noted that it applies to constructions by local bodies and government undertakings. MHADA is a statutory authority established under the Maharashtra Housing and Area Development Act, 1976, and is not a local body or a government undertaking. Therefore, the resolution does not apply to MHADA. The court dismissed the writ petition, holding that the petitioner cannot claim reservation under the said Government Resolution.
Headnote
A) Administrative Law - Government Resolution - Applicability - Government Resolution dated 17 August 2002 - The resolution provides for reservation of 10% commercial premises for co-operative societies of educated unemployed persons in constructions by local bodies and government undertakings. MHADA is a statutory authority and not a local body or government undertaking, hence the resolution does not apply to MHADA. (Paras 3-5) B) Co-operative Societies - Reservation - Government Policy - Maharashtra Co-operative Societies Act, 1960 - The petitioner, a co-operative society of educated unemployed persons, claimed reservation in MHADA commercial complexes. The court held that the Government Resolution does not apply to MHADA, and the society cannot claim reservation under the resolution. (Paras 3-5)
Issue of Consideration
Whether the Government Resolution dated 17 August 2002, which provides for reservation of 10% commercial premises for co-operative societies of educated unemployed persons, applies to the Maharashtra Housing and Area Development Authority (MHADA) and its boards.
Final Decision
The writ petition is dismissed. The court held that the Government Resolution dated 17 August 2002 does not apply to MHADA as it is not a local body or government undertaking.
Law Points
- Interpretation of Government Resolution
- Applicability of Government Resolution to statutory authorities
- Reservation policy for co-operative societies of educated unemployed persons
