ITC LIMITED Vs. NAGDA MUNICIPALITY

JUDGEMENT

(1.) THE petitioner has approached this Court raising a challenge to a Resolution No. 369 dated May 23, 2007, passed by the respondent-Municipality, and consequential demand raised through letter dated May 24, 2007, by the Municipality, whereby a demand of Rs. 40,69,073/-, as compounding charges, has been raised against the petitioner-company.

(2.) THE petitioner-company had purchased agricultural land measuring 4. 164 hectares through a registered sale deed dated July 5, 2005, with a view to establish a Farmers Facility centre and Godown, at Village Padliyakala Tehsil Nadga, District ujjain. After purchase, the said land was duly mutated in the revenue record in the name of the petitioner-company. For using the land for the purpose, for which it had been purchased, a diversion order was sought and was issued by the Sub divisional Officer, Nagda, and the land in question was permitted to be used for commercial use. The requisite plan for construction of the Farmers Facility Centre and Godown was also approved by the Town and Country Planning Department. A corresponding building permission was also sought by the petitioner-company from the respondent-Municipality, vide an application dated December 23, 2005, received in the Office of municipality on December 24, 2005.

(3.) THE petitioner-company claiming that the said application had never been rejected by the Municipality, therefore, under Section 187 of the Act, deemed permission was to be treated as having been granted, raised a construction of the Farmers Facility Centre and Godown.