NAGDA MUNICIPALITY Vs. ITC LTD

JUDGEMENT

(1.) This appeal assails the order dated 26-9-2006 passed by the learned single Judge in W.P. 1699/2006, whereby the learned single Judge has quashed the demand raised vide notice Ex. P.9 for development charge and in relation to the determination of compounding fee for illegal construction by the respondents petitioner, directions have been issued as under :-

(2.) The respondent-petitioner, with a view to establish a Farmer Facility Centre and Godown at village Padliya Kala, Tehsil Nagda, District Ujjain. purchased a piece of agricultural land admeasuring 4. 164 Hect. It was alleged that after purchasing the land, the petitioner got its name mutated in the revenue record and also obtained the order of diversion from the Sub-Divisional Officer, Nagda for its commercial use. The site plan for the proposed Facility Centre and Godown was approved by the Town and Country Planing Department, Ujjain and thereafter the petitioner applied for building permission in the office of appellant vide application on 24-12-2005. The respondent-petitioner contends that since no objection was commuicated in respect of the plan submitted nor the plans were sanctioned within the period prescribed therefor, on assumption of its deemed permission the building was constructed. However, the appellant, treating the said building to be an illegal construction, proceeded to demand development charges vide Annexure P/9 inn the sum of Rs, 22.40,232 and rejected the representation of the petitioner. It was in these circumstances that the writ petition was filed challenging the demand Annexure P/9,

(3.) During the pendency of the petition an interim order was passed to the effect that upon depositing Rs. 11,00,000.00 within a period of one week, the present appellant shall not interfere with the construction of the FFC as per the building plan submitted by them it was further directed that the remaining amount of the impugned demand shall be secured by the bank guarantee in favour of the appellant (respondents to the petition) which shall be kept alive during pendency of the writ petition.