Mumbai Agricultural Produce Market ... vs Sharafatullah Hafiz Inayatulla & Anr on 15 February, 2000
160. The petitioner thus being not at all eligible even to make an application for
such gala could not claim parity with other claimants and could not have claimed
precedence over the other claimants on the ground that the petitioner had applied
for allotment of such gala first and was thus eligible under the said term 'Early
Bird Norms' suggested by the learned commissioner. In my view, the petitioner
was not being similarly situated with the other claimants whose claims were
considered by the respondent no.1, case of the petitioner could not have been
considered by the respondent no.1 even under the said 'Early Bird Norms'
suggested by the learned commissioner. The principles laid down by the Hon'ble
Supreme Court in the case of Mumbai Agricultural Produce Market Committee
& Anr. (supra) would squarely apply to the facts of this case.