Fresh allotment terms governed tenement eligibility; earlier lapsed proposal could not fix the relevant membership date.

The earlier allotment process under the 07.06.1997 resolution did not result in a completed allotment because the society failed to comply with the payment conditions and sought altered terms, so that arrangement lapsed under the applicable land disposal regulations. Eligibility was then governed by the fresh allotment made on 01.09.2003 and the letter of intent dated 11.12.2003, supported by the Government Resolution dated 09.07.1999. Condition No. 8 of Annexure-A treated service on the date of the indent or letter of intent as the controlling membership criterion, and the society's later correspondence accepted those fresh terms. The appellants therefore could not rely on the earlier dates for eligibility.

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Issues: Whether the appellants could claim eligibility for allotment of tenements on the basis of the 07.06.1997 resolution and the 05.11.1998 letter of intent, or whether eligibility had to be determined with reference to the fresh allotment made on 01.09.2003 and the letter of intent issued on 11.12.2003.

Analysis: The earlier allotment process initiated under the 07.06.1997 resolution did not mature into a completed allotment, as the society did not comply with the stipulated payment conditions and instead sought altered terms. In view of the applicable land disposal regulations, the earlier arrangement lapsed. The subsequent allotment was made on a fresh proposal, on revised premium, and pursuant to the Government Resolution dated 09.07.1999. Condition No. 8 of Annexure-A made service on the date of issue of the indent or letter of intent the governing criterion for membership eligibility. The society itself proceeded on that basis in its later correspondence, thereby accepting the fresh terms.

Conclusion: The appellants could not rely on the earlier dates to establish eligibility; the relevant date was 11.12.2003, and their exclusion from the eligible list was upheld.

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