KSM NIRMAN PVT. LTD. Vs. THE COMMISSIONER

JUDGEMENT

(1.) Heard Mr.Kumarpal R Chopra, the learned counsel appearing for the petitioner, Mr.P.Srinivas, the learned counsel for first respondent and Mr.M.Jothikumar, learned Standing Counsel for second respondent.

(2.) The petitioner in this Writ Petition seeks for issuance of a writ of mandamus to direct the respondents to provide water and drainage connections and scavenging services to 695 apartment, which has been put up by the petitioner in the land in question. The reason for approaching this Court is on the ground that the petitioner has not remitted the vacant land tax. In fact, at the first instance, the same embargo was placed on the petitioner, where, the petitioner's application for the grant of planning permission was not processed. Therefore, the landowners approached this Court by filing W.P.No.14694 of 2012, to quash the demand, dated 22.05.2012, and to direct the respondent/Municipality to issue building plan permit. The said Writ Petition was disposed of, by order, dated 13.07.2012, with a direction to the petitioners therein to file an affidavit of undertaking to pay the vacant land tax forthwith if the writ petitions filed by them challenging the payment of vacant land tax is dismissed. Further direction was given enabling the Municipality to recover the said amount. At this stage, it would be apposite to quote the operative portion of the order, dated 13.07.2012, which is as follows: -

(3.) As against the aforesaid order, the respondent/Municipality preferred a Writ Appeal before the Hon'ble First Bench of this Court in W.A.No.1907 of 2012, and the First Bench, by a judgment,dated 12.09.2012, disposed of the Writ Appeal by passing the following order : -