MUNICIPAL CORPORATION INDORE Vs. PARIJAT CINEMATIC

JUDGEMENT

(1.) APPELLANTS Defendants have directed this appeal against the judgment and decree dated 30.8.1991 rendered by 9th Addl. District Judge, Indore in Civil Suit No. 9B/88, thereby passing a decree in favour of plaintiff respondent for the recovery of the illegally recovered unification and development charges with regard to plot No. 1 to 4 situated at 170, RNT Marg, Indore, known as Jhabua Kothi.

(2.) THE facts of the case lying in a narrow compass are that the plaintiff company purchased four plots from the erstwhile owner of Jhabua Kothi, situated at 170, RNT Marg, Indore bearing plot No. 1,2,3 and 4. After the purchase of the said plots, plaintiff wanted to construct a cinema theatre on these plots and for this purpose, an application for unification of plot Nos. 2, 3 and 4 was submitted in the office of the defendant Corporation. Appellant defendant by Dakhla No. 618 dated 21.5.1972 certified the proposed unification. Thereafter the plaintiff left the idea of constructing the cinema theatre and instead wanted to construct a multi storied building on all the four plots purchased by him and for this purpose the plaintiff made a request to the defendant for the unification of plot No. 1 with plot No. 2, 3 and 4 which were already unified as stated above. The defendant Corporation, on receipt of the said request, by its memo No. 940 dated 13.8.1982 directed plaintiff to deposit a sum of Rs. 22,265.40 p.s. by way of fees for the development and unification of the said plots.

(3.) THE defendant filed the written statement and denied the plaint averments. Appellant defendant in their written statement have stated that all the seven plots bearing Nos 1 to 7 of the disputed land were already unified by issuing Dakha No. 895 dated 11.9.1973 and there was no need of permitting unification of plot No. 1 into plot Nos. 2,3 and 4. The contention of the Corporation is that the plaintiff should have applied for the separation of plot Nos. 1,2,3 and 4 for the alleged plot No. 1 to 7 of the disputed Jhabua Kothi situated at 170, RNT Marg, Indore. It is averred that the fees required for permitting separation of the plots was much higher then the fees payable for the unification of the plots and as such with the intention to defraud the Corporation, the plaintiff applied for the unification of the plots in place of permitting separation of the disputed plot Nos. 1 to 4 of the said Jhabua Kothi. The defendants on the aforesaid averments prayed for the dismissal of the suit filed by the plaintiff.