Shah, J. - (1.) The question involved in this group of special leave petitions is - Whether the employees of Municipal Corporation can claim any right for transfer of municipal quarters to them on the basis of the resolution passed by the Municipal Corporation, which are not initiated or moved but objected to by the Municipal Commissioner It is the contention of the petitioners that once the Corporation passes the resolution for such transfers, the Commissioner has to abide by it and on objection being taken by him the resolution cannot be nullified. The submission, in our view, is without any substance because of the specific statutory provisions under the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "the Act.").
(2.) Facts of the present case reveal that since 1970 the Municipal Corporation had been passing resolution one after another, for transferring the quarters to its employees. The said resolutions are objected to by the Municipal Commissioner on one ground or the other. The Corporation was superseded three times on the same count. On one occasion, Corporation requested the Government to amend Section 200 suitably so as to empower the Corporation to transfer the immovable property. It is pointed out that the Corporation acquired land and formulated a scheme known as "Northern City Extention Scheme I" for residential purposes, with provisions also for a shopping area. On a plot of land measuring 2750 sq. yards on Mandelian Road a three-storey building was constructed. On 7-5-1968, the M.C.D. passed the first Resolution No. 143 and approved the proposal of sale of flats and shops by public auction. The said flats and shops were put up for public auction on 4-8-1968 and again 6-10-1968. All the shops were disposed of but as the bids received for residential flats were below the reserve price, the bids for flats were rejected. Thereafter, by resolution No. 433 dated 27-7-1970 the MCD decided that the flats may be allotted to the officers of the Corporation on the basis of their salary so that the Corporation may at least be in a position to get a reasonable return from the investment. It was further resolved that the cost of flats to be allotted to the officers be borne from the Revenue of the "General Account" and transferred to the "Remunerative Project Account". Again, by resolution No. 868 dated 4-12-1970, it was decided that the flats be sold to the municipal employees on "no profit no loss basis" and the allottees be charged at 15% of the assessed cost in the first instance and the balance in easy installments spread over a period of ten years.
(3.) The legal advisor considered the above resolution No. 868 and opined two difficulties in implementing the same i.s. (1) Section 200 (d) of the Municipal Act, and (2) in some colonies the flats were built after taking loan from Central Govt./Delhi Admn. on the condition that the same will remain as municipal property and will not be sold to its employees. Hence, the matter was placed for review before the Corporation. The Corporation by its resolution No. 13 dated 25-4-1972 reiterated its earlier decision.;