Yesterday I saw the judgment of the High Court on the matter mentioned above.
KMDA had proposed that 26% of the flats constructed by it would be reserved for minority communities like Muslims, Christians, Sikhs, Parsees etc. It had also published a brochure. The matter was taken to Court. It was contested that such type of reservation was not contemplated in the Constitution.
The clause was deleted subsequently and the Court was informed. The Court observed as follows:
"We make it clear that the authorities can only carve out the reservation which is provided under the Constitution, such as, for socially and economically weaker section of the Society bereft of religions".
(WP No. 7445(W) of 2010)