SB Civil Writ. Petition No. 4363/2006. Case: Adeshwar and Company Vs State of Rajasthan and Ors.. Rajasthan High Court
| Case Number | SB Civil Writ. Petition No. 4363/2006 |
| Counsel | For Appellant: N.M. Ranka, Sr. Adv. and M.R. Singhvi, Adv. and For Respondents: M.C. Bhoot, Adv. and Municipal Corporation |
| Judges | Bhagwati Prasad, J. |
| Issue | Urban Ceiling Regulation Act, 1976 - Sections 20, 20(1)(A); Rajasthan Municipalities Act, 1959 - Sections 73, 173A, 173(A)(3); Rajasthan Municipal Board (Land Conversion) Rules 2000 - Rule 2 |
| Judgement Date | September 20, 2006 |
| Court | Rajasthan High Court |
Judgment:
Bhagwati Prasad, J., (At Jodhpur)
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This writ petition has been filed by the petitioner alleging inter alia that the firm in question has purchased a property from His Highness Maharaja Gaj Singh by a registered sale deed dated 18.06.90 which was registered on 02.07.90 and thus the petitioners are the owners of the property in question. While the erstwhile owner of the property possessed the same, an application was moved by him under Section 20 of the Urban Ceiling Regulation F, 1976 (hereinafter referred to as 'the Act of 1976'). In this application, the petitioner wanted that the land measuring 7204 sq. meter be granted exemption under Chapter III of the Act of 1976 because the petitioner wanted to use the land for hotel and commercial purposes. Thus a letter was issued by the State Government having been produced with the writ petition as Annx.1 stating inter alia that the land is permitted to be exempted under Chapter III for being used as hotel and commercial purposes. This was also stated in the letter that within six months petitioners will be required to present maps and within three years construction will have to be completed. This was also stated in Annx.1 that if any of the conditions is violated then permission will be withdrawn. The petitioner felt that since it was a very big piece of land, therefore, for the purpose of its development it was by and large divided into seven blocks. In the first instance an application was moved by it to the UIT., Jodhpur for Block 'A' and permission was granted as Annx. 2. The petitioner has claimed that the construction as per Annx. 2 has already been completed.
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The petitioner has further claimed that though the State Government has accorded permission to use the land for hotel and commercial purposes vide Annx.1, UIT, Jodhpur levied a fee/ Tax of flat rate of Rs.10/-per square meter as conversion charges for commercial use. The petitioner paid the amount as demanded by the UIT for the portion then sought to be used. Subsequent to the development as alleged earlier, the petitioner firm thought of developing the rest of the land. It was to be converted into the shape of a big Mall where there were four Multiplexes proposed apart from the, Retail Marketing and Entertainment spaces for which every procedural formalities were sought to be completed by the petitioners.
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An application was moved before the Building Committee constituted under the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act of 1959'). The application was considered and permission for Multiplex Mall construction was granted. The Building Committee, after considering the entire record, approved the blue print and extended all required facilities. The file then got referred to various officials of the Department who examined it. A sum of Rs. 9 Lacs and odd were deposited by the petitioner as demanded by the Municipal Board. Thereafter the construction work was started and the petitioner has spent more than 1 crore of rupees on the construction. The property, according to the petitioner is a free hold property therefore, no conversion charges were liable to be levied and the amended Section 173 (a) of the Act of 1959 has no application. The petitioner has though averred in paragraph 20 of the writ petition as follows:
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That it may be recapitulated that at the time of grant of permission even by UIT, Jodhpur, the entire land was subjected for payment of conversion charges, which has already been paid, therefore, the entire land has been converted for commercial purposes. Simply on account of transfer of area to the Municipal Corporation, the Municipal Corporation will not get any right to realize and levy conversion charges. Not only this, even at the time of considering the...
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