The second respondent is the Administrative Officer (Estate).However, till date, this scheme has not been implemented.The petitioners and similarly situated persons forwarded several representations/ letters to the respondents, but the respondents are declining to implement their own scheme.This petition is founded on the basis that though the ex- employees and who have been allotted quarters and accommodations, styled as "staff quarters", ordinarily have no right, title and interest in the same, yet, going by the representation to these persons that their tenements would be converted into ownership or permanent tenancy that they have a Page 5 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc right to apply and for being considered along with similarly placed municipal employees or ex-employees of the Municipal Corporation.That is how they claim a vested or pre-existing legal right, enabling them to apply for a writ of mandamus.In para 4 of this petition, it is stated that the petitioners have formed a proposed co-operative housing society of the occupants of municipal tenements.The petitioners proceed to annex lists of the municipal employees and the two lists that are annexed contain the names of original employees or their nominees.This circular states that the Municipal Commissioner has passed an order.That order pertains to Deonar, Govandi, Barvenagar (Ghatkopar), Mithanagar (Goregaon) and Parksite (Vikhroli).Page 10 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc These colonies contain structures.These are chawl type structures and single storeyed.These have been occupied by retired employees of the Municipal Corporation.For all these reasons and to Page 12 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc discourage the tendency as noted in the circular, the Municipal Corporation formulated a policy, whereunder, they directed all the authorities that from 1st October, 2010, this policy and this circular should be implemented strictly.The penal rent is determined in terms of this circular.The petitioners are relying upon some communications and which have been addressed to the occupants in Ghatla village, informing that eviction proceedings would be commenced for failure of that occupant to handover vacant and peaceful possession of the tenement.Therefore, the expectation is that similar benefit will be extended to these occupants as well.The employees in this waiting list are awaiting allotment of staff quarters.On account of shortage of staff quarters, it is not possible to allot these quarters to the employees, who are working in emergency municipal duties.These are retired employees/ex-employees of the Municipal Corporation of Greater Mumbai.They have been residing in the ground floor structures of the Municipal Corporation situate at municipal colonies in the suburbs, namely, Mithanagar (Goregaon), Barvenagar (Ghatkopar), Parksite (Vikhroli), Malvani (Malad) and Deonar.The petitioner association has 600 serving and/or Page 19 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc retired municipal employees.This association has been registered as Charitable Trust under the Maharashtra Public Trust Act, 1950 (earlier Bombay Public Trust Act).By this petition, the petitioners are claiming enforcement or implementation of resolution dated 1st September, 1989 of the Municipal Corporation on the subject of conversion of these ground floor structures/accommodations from leave and licence basis to ownership/lease basis to the co-operative housing society.The petitioners have set out the very checkered history of how the Mithanagar and Deonar land came to be acquired by the Municipal Corporation and how the tenements were constructed.It is claimed that respondent no. 1 constructed 368 tenements at Goregaon for the purpose of housing dis-housed persons and allotting the surplus tenements to municipal employees.Though the scheme was floated, there was no response to accept the allotment and therefore, as an incentive, respondent no. 1 offered ownership rights of semi-permanent structures at the concessional and consolidated price of Rs.4,680/-, if the occupants form a co-operative housing society.They could not even afford and arrange the payment of Rs.4680/- Page 20 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc at that time.That is how they were accommodated and on sympathetic grounds.It is clear from the record, according to the petitioners that Deonar land was dumping ground.Some portion of the land was utilised for housing the municipal employees and the Municipal Corporation constructed about 582 semi- permanent structures.Most of them were granted on leave and licence basis.By circular dated 31st January, 1968, the Municipal Corporation offered "Cheap Tenements" at Malvani Municipal Colony, Malad (West) to the full time municipal employees on ownership basis.A copy of this circular is annexed as Exhibit 'B' to the petition.Despite concession, there was no response and Class III and Class IV municipal employees preferred to take the allotments on leave and licence basis.The members of the petitioner association/sangh are Class III and Class IV employees.Thus, such an allotment cannot be termed as allotment of staff quarter/service quarter much less a service tenancy.This is a leave and licence agreement simplicitor.It is stated that 1211 tenements were constructed at S. G. Barve Nagar, Ghatkopar (West) in the year 1959-60 for project affected persons and allotting the surplus 200 tenements to the municipal employees on leave and licence basis.In the year 1966, the tenements were converted into permanent tenancy basis subject to payment of the standard rent and furnishing fresh agreements.Thus, the tenements of the members of the petitioner sangh were also liable to be converted into permanent tenancy basis.A copy of the said letter is annexed as Exhibit 'D'.It is in these circumstances that the Municipal Tenants' Association represented to the Improvement Committee of the Municipal Corporation to grant/allot the tenements in such Page 22 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc colonies on ownership basis.After continuous persuasion, the second respondent to the petition accepted these proposals.The Municipal Commissioner, thereafter, disclosed his intention to grant the tenements at Parksite (Vikhroli), Barvenagar (Ghatkopar), Mithanagar (Goregaon) and Deonar on ownership basis.The original Marathi resolution and a translated copy thereof in English are annexed as Exhibits 'E' and 'E-1' respectively.Page 22 of 80They are not the dis-housed occupants of municipal premises because such premises have become unfit for human inhabitation by passage of time.These are ex-municipal servicemen or employees, who have retired from municipal services.During their tenure, they were allowed to occupy the municipal premises on account of the specific orders of allotment.The terms and conditions of this allotment are clear.Rather, they are the rules of allotment.It is the entitlement of employees, who have put in 10 years service and their eligibility for allotment of the staff quarters, which is placed in the forefront, but the allotment is conditional.The allotment will be on the basis of seniority in service, taking into account the date of joining the service.The allottee should execute a leave and licence agreement.The licence fees have to be paid by him.He would render himself liable to departmental action under the Municipal Service (Conduct and Discipline) Rules for violation of Page 45 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:08 ::: Judgment-WP.957.20133+.doc the conditions of allotment.The allotment is of a residential tenement.It is for residence of the employee and his/her family members.What we have noted from these circulars is that when such authorities are empowered to take a harsh decision, then, all the more allowing the petitioners to retain the tenements, despite ceasing to be in service and retiring decades back would, as rightly contended before us by the Corporation, be putting a premium on their wrongful and illegal acts.No premium attaches Page 47 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:08 ::: Judgment-WP.957.20133+.doc to such patent illegality.He has, in his detailed letter addressed to the Government, pointed out that all these persons while entering the municipal service have undertaken to vacate the municipal tenements on ceasing to be in municipal services.Such undertakings and agreements are in force.What he has highlighted is that even if there are Improvement Committee and General Body recommendations from the year 1989, there is huge wait list of the municipal employees awaiting allotment of municipal accommodation.If the existing premises are handed over on permanent tenancy/ occupancy, then, this wait listed Page 49 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:08 ::: Judgment-WP.957.20133+.doc employees can never be provided any municipal premises.Thereafter, he highlights as to how municipal governance is the primary duty and responsibility of the Municipal Corporation.(4) For the purpose of computing the gratuity payable to an employee who is employed, after his disablement, on reduced wages, his wages for the period preceding his disablement shall be taken to be the wages received by him during that period, and his wages for the period subsequent to his disablement shall be taken to be the wages as so reduced.Page 63 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:08 ::: Judgment-WP.957.20133+.doc (5) Nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.That was a case where the death-cum-retirement gratuity was claimed by a Government servant, who worked and retired as Director General of Income Tax.While working, he occupied a pooled Central Government accommodation.The licence fee was fixed at a certain amount.He had to pay the increased licence fee.Thereafter, he was transferred to Delhi.However, he continued to retain the Government premises.We would, therefore, direct the Municipal Corporation not to take into consideration the pendency of these petitions and the period during which the interim order was in force, so as to deduct and adjust the municipal dues in the aforesaid manner.To that extent, the Municipal Corporation stands restrained from enforcing its circulars and decisions withholding or seeking to adjust the retiral dues.DATED :- JANUARY 6, 2017 ORAL JUDGMENT:- (Per S. C. Dharmadhikari, J.)The Writ Petition No. 957 of 2013 was directed to be heard along with other writ petitions on board.Those petitions, which have been already admitted, are tagged along with this petition and by consent of all counsel, we have heard these petitions together.Respondents waive service.Since all the pleadings are complete, this petition and others are heard finally.In Writ Petition No. 957 of 2013, the 83 petitioners have impleaded the Mumbai Municipal Corporation, established and incorporated under the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as "the MMC Act"), as the first respondent.Page 3 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.docPage 3 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::It is the case of these petitioners that they are ex-municipal employees.They have retired from the services of the Municipal Corporation on attaining the age of superannuation.It is stated that in or about 1989, the Municipal Corporation decided to allot residential accommodation in its possession to its employees and the claim is that they were to be allotted on permanent tenancy/ ownership basis.The petitioners were informed to form an association of such persons.Though the petitioners claim to be ex-employees, a statement is made in the petition in para 2 that they are either ex-employees or slum dwellers, who are photo-pass document holders.We must, at once, clarify that we are dealing with the claims of ex-employees of the Mumbai Municipal Corporation, who have approached this court on the footing that there is a representation from the Municipal Corporation to them that their occupancy would be converted on permanent tenancy/ownership basis and in terms of certain decisions taken by the Municipal Corporation.It is relying on these decisions that the ex- employees are claiming a writ of mandamus or any other appropriate writ, order or direction in the nature thereof, Page 4 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc directing the Municipal Corporation not to make applicable a circular dated 7th October, 2010 Annexure 'E' to the petition and that the respondents should release their retiral benefits/dues with effect from the date of their retirement, with interest at the rate of 18% per annum from that date till payment.The petitioners are also claiming a direction to the respondents not to evict them from their respective tenements.Page 4 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::The petition proceeds on the footing that the tenements, which are occupied by the present petitioners, were included by the Municipal Corporation in the scheme of permanent housing accommodation in the year 1992 and on 25th April, 1992, the Municipal Corporation issued a letter to that effect.In the year 1975, the first respondent/ Municipal Corporation acquired lands at Ghatla village, Chembur, Mumbai for development of the scheme for housing dis-housed persons.The said land was marshy land and was being used as dumping ground for garbage collected in Mumbai.Considering the situation and topography of the land, the Municipal Corporation decided to construct semi-permanent ground floor structures for housing dis-housed persons as well as its employees.The first respondent constructed 56 colonies comprising of 478 tenements, each admeasuring about 140 square feet for the purpose of housing the dis-housed and allotting the surplus tenements to the municipal employees.After a lapse of time, the municipal tenants' association represented to the Improvement Committee of the first respondent and requested that these tenements be converted into permanent tenancies or granted on ownership basis.After great persuasion, the first respondent accepted these proposals.By a decision, the Page 6 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc Municipal Corporation made its intention clear that the land of the tenements at Parksite (Vikhroli), Barvenagar (Ghatkopar), Mithanagar (Goregaon West) and Deonar would be granted on ownership basis.The Municipal Corporation passed a Resolution dated 1st September, 1989 bearing number 343 to this effect.It was also clarified that these tenements were not staff quarters.They were not given to the employees as service tenements, but were allotted on leave and licence or rental basis.The tenements were not related to the service conditions.Page 5 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 6 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::The petitioners state that 313 tenements, out of 478 are occupied by the municipal employees.These persons were assured as above.Therefore, they were told to form a co- operative housing society.There are 165 project affected persons, to whom the first respondent has allotted tenements on ownership basis.It is claimed that the petitioners are members of societies included in the scheme of conversion of municipal tenements into ownership basis.Then, there is a reference made to various meetings with the Municipal Corporation and proposals exchanged therein.It is submitted that the proposals have been accepted.They were recommended for the sanction of the Municipal Corporation, but are still pending.The petitioners, therefore, complain that though the proposals have not been Page 7 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc finalised, yet, the eviction proceedings have been initiated against some of the retired employees of the Municipal Corporation.They have approached this court by challenging the proceedings on the ground of arbitrariness and discrimination.They argue that some of the similarly placed persons have been allotted tenements on permanent basis or there is a conversion effected.Therefore, those against whom eviction proceedings are initiated, are entitled to be treated on par and similarly.Then, there is a reference made to a conversion of 'H' Block of the Deonar Colony in favour of the municipal employees into ownership basis.Then, some tenements in 'B' Block of Mithanagar were converted into ownership basis and the occupants were permitted to form a co- operative housing society.Then, the argument is that the Municipal Corporation issued a circular on 16th October, 2008, whereunder, the retired employees were allowed to retain their accommodations by making payment of normal rent till the finalization of the court proceedings.It is also alleged that 10% of the gratuity amount was withheld and from out of remaining 90%, accommodation rent would be recovered.A copy of this circular is annexed as Annexure 'A' to the petition.By this circular, the Municipal Corporation decided to impose and recover penal rent at three times the present rent from the occupants of the tenements in question.As to how this circular works to the prejudice of the present petitioners and similarly placed occupants is then explained and copy of the circular is annexed as Annexure 'E'.It is then complained that despite specific directions issued by the court not to evict the employees who are occupying the staff quarters and not to take coercive action, the Municipal Corporation is issuing eviction notices to the retired employees.The Municipal Corporation has not taken a decision on the proposals and recommendations, which have emanated from several statutory authorities.That is how the petitioners have approached this court.Page 7 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 8 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Their second grievance pertains to withholding of their retiral dues.According to the petitioners, these dues have not been released because they refused to handover possession of the tenements in their possession.This act is completely contrary to the mandate of Articles 14, 16 and 21 of the Constitution of India.It is claimed that terminal benefits and particularly gratuity and pension are not a bounty, but a right.That has co-relation with the services rendered.These services have been rendered to the Page 9 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc complete satisfaction of the municipal authorities.None of these employees had been visited with penalties or other punishments, which would enable withholding their terminal benefits.The terminal benefits are withheld only because of their alleged wrongful possession of the municipal tenements.It is complained that withholding of these terminal dues works as double jeopardy in the sense that the petitioners cannot afford a housing accommodation in Mumbai.Secondly, the rentals being, as they are, even they cannot be paid in the absence of the terminal benefits being released and in the form of money.Thirdly, some of these persons, who are old and incapacitated, cannot support themselves in the absence of these terminal benefits, some of which are admissible monthly.In these circumstances that the petitions, under Article 226 of the Constitution of India, have been filed.Page 9 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Together with this, the eviction proceedings should be commenced.A communication follows that order.There also an ad-interim order has been passed directing the Municipal Corporation not to evict the members of the petitioner association from the present accommodations.Then, there is a reference made to a further ad-interim order in Writ Petition No. 1797 of 2009, which is more or less on similar lines.Page 10 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Then follows a circular dated 7th October, 2010, which is challenged.A perusal of this circular would reveal as to how the Page 11 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc policy of the Municipal Corporation has been that in the event a municipal employee does not vacate and handover the premises styled as municipal staff quarters, to the Municipal Corporation, post his/her retirement, then, for next three months he can be granted permission to occupy the same on payment of prevailing market rent plus service charges.If any employee dies while in municipal service or is unable to vacate the premises on account of illness and medical treatment, then, the heirs/employee are allowed to occupy the premises for six months on similar lines.Thereafter, penal rent be charged and recovered from such employees.However, despite such directions and policy, there is a growing tendency of not handing over the municipal premises.The municipal premises are retained unlawfully and illegally, thereby, depriving those in-service and awaiting staff quarter allotment.This has inconvenienced those in-service employees and has also affected the municipal affairs.Therefore, what the Municipal Corporation has decided is that some tenements have to be allotted as a special case to the municipal employees on permanent tenancy basis.Therefore, the others, who are in- service or those who have retired, are expecting a package of this nature being extended to them.Page 11 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 12 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Thereafter, Brihanmumbai Mahapalika Upnagar Baithi Chawl Rahiwashi Sangh addressed a representation dated 29th April, 2009 to the Municipal Commissioner inviting his attention to allotment of certain tenements in Deonar on permanent tenancy/ownership basis as special case.The petitioners have filed an affidavit in rejoinder, dealing with the affidavit in reply dated 13th June, 2014 filed in this court by the Municipal Corporation.We were unable to obtain even a copy of this reply, though it is stated to have been filed in the record of this court.Neither this court's staff or the registry was able to trace out the original Page 13 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc affidavit in reply nor have they obtained a copy of the same from any of the advocates appearing for the parties.The tenor of this affidavit will have to be gathered from the affidavit in rejoinder.Page 13 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::The affidavit in reply proceeds to state that the tenements are constructed by the respondents by making budgetary provisions.The said quarters are allotted to the employees during service tenure and are required to be vacated on retirement from the municipal services.The quarters so constructed under any budget cannot be given on ownership basis.Certain premises are treated as service quarters and allotted to the municipal employees because they are undertaking particular work and where the presence of the said employees is required all the time, namely, Fire Brigade, Hospitals, Water Works etc. The service quarters are allotted free of charge and except the employees and their family members, no one else is allowed to occupy the same.It is stated that if these service quarters are allotted on ownership basis, the functioning of these departments will be seriously affected.The tenements are constructed for allotment to the municipal employees and according to the service seniority, these allotments are made to those employees who have put in more than 10 years service and to those who have more than three years to retire from the Page 14 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc service.In special cases, an employee should have put in service of more than one year and should have about three years to retire.The tenements are allotted to the municipal employees on leave and licence basis and such allottee has to execute a leave and licence agreement as well as undertaking to vacate the municipal tenement within three months of his/her ceasing to be in municipal service.The rules prescribe that these respondents will not entertain any proposal for alternative accommodation to any municipal employee on his ceasing to be in service.It is stated that in Brihanmumbai Mahanagarpalika, approximately 1,30,000 employees are working.In comparison to the number of employees, the staff quarters are totally insufficient and inadequate.There is a very long waiting list.The tenements are allotted to the municipal employees as staff quarters and to the project affected persons on tenancy basis and not on ownership basis.As far as the challenge to the circular is concerned, the affidavit explains as to how the Municipal Page 15 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc Commissioner was required to step in and issue this circular.Page 14 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 15 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 16 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::It is to such an affidavit that the petitioners have responded and by contending that the same is silent on the policy of the Municipal Corporation to extend the benefits, which are referred to in the petition.Therefore, once a promise is given to the municipal employees, who may have retired from the services, that the quarters allotted to them would be granted on permanent tenancy basis or ownership basis, then, that assurance or Page 17 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc promise has to be fulfilled.The Municipal Corporation cannot back out of the same.Page 17 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::It is on these materials that we have heard these petitions.The Municipal Corporation has tendered a compilation containing the policies, circulars, resolutions and judgments of this court, whererunder, similar challenge was negatived.Finally, the Municipal Corporation relies upon the correspondence on the subject.No tenement can be allotted out of turn or as a special case save and except in accordance with law, settled policy and rule of law.Therefore, the retired employees have no right in the property and they cannot claim that they must be granted the tenements on permanent ownership basis or permanent tenancy basis.None of the decisions and relied upon by the petitioners' counsel can be said to be binding, inasmuch as the law does not permit the petitioners to rely upon certain Page 18 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc resolutions and recommendations.Eventually, everything has to be placed before the General Body of the Municipal Corporation.The General Body has yet not passed any resolution conferring any right.Therefore, the policy decision not to grant the conversion nor to permit retention of the quarters on the above basis binds the Municipal Corporation.Page 18 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Then, there are other petitions, which have also been argued.The principal among them is a petition challenging similar action and enforcement of a promise and assurance.Writ Petition No. 1457 of 2010 pertains to New Khardeo Nagar Co-operative Housing Society.Mr. Rupawate appearing in Writ Petition No. 1797 of 2009 would submit that the said petition has been filed by an association of the retired employees or their heirs and legal representatives.There was another option for allotment on leave and licence basis.Rupawate submitted, during the course of arguments, that the members of the Sangh belong to the poorest strata of the society.They were allotted the ground floor structures in the municipal colonies on leave and licence basis.One of the members, namely, Tanaji Ramji Pawar was employed as 'Jamadar'.The allotment was on leave and licence basis.The municipal fees was Rs.38.01 per month.The security deposit of Rs.76.02 and agreement fee of Rs.1/- was recovered from him after execution of Page 21 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc the leave and licence agreement.The possession of the tenement was handed over to him.No House Rent Allowance was deducted from the salary and therefore, similarly placed employees can claim the benefit and in terms of the Municipal Corporation resolution.Page 19 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 20 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Page 21 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::Thus, the conversion was to be effected in terms of this resolution.However, despite the preliminary work of formation of a co-operative housing society was completed, the Additional Municipal Commissioner informed one of the promoters that some information be provided in terms of his queries raised in the order dated 30th April, 1988, copy of which is at Exhibit 'F'.Thereafter, by another letter dated 27 th January, 1990, addressed by the Ward Officer (Estates) of the Municipal Corporation, the General Secretary of the proposed co-operative housing society was informed that their request to convert the tenements will be considered on compliance of certain requirements.A copy of the said letter dated 27th January, 1990 is annexed as Exhibit 'G'.Then, the Senior Ward Officer (Estates) sought approval of his superiors in December, 1991, so that the conversion can be given effect to.The 20 identical tenements at Malvani Municipal Colony were converted into ownership from leave and licence basis in pursuance of the municipal decision and contained in the resolution noted above.The petitioners rely upon an office note in that behalf.Once the Malvani Colony was identically placed, then, there is no reason not to consider the request of the petitioners, made from the year 1990 and pursued throughout.Page 23 of 80::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 :::The petitioners do not dispute that there are budgetary provisions, under which the staff quarters and other tenements were constructed.Equally, they are aware of the mandate of section 64 of the MMC Act. However, there is a provision enabling grant of lease, sale or creating rights in respect of municipal properties and there is a special power conferred in the Municipal Commissioner, who can act in accordance with the sanction of the Municipal Corporation.It is in these circumstances that the petitioners rely upon their representations, the outcome of several meetings, the prior decisions and equally the steps taken with regard to some of the Page 24 of 80 J.V.Salunke,PA::: Uploaded on - 07/02/2017 ::: Downloaded on - 27/08/2017 12:15:07 ::: Judgment-WP.957.20133+.doc tenements in other municipal colonies.The petitioners place reliance on their representations and the assurance given to them on 20