MUNICIPAL CORPORATION Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) The present Regular Second Appeal at the instance of the appellant-defendant is directed against the judgment and decree of the Lower Appellate Court, whereby the suit of the respondent-plaintiff which was dismissed by the trial Court, has been decreed.

(2.) Respondent-plaintiff sought the declaration with a consequential relief of permanent injunction challenging the demand allegedly raised by the Municipal Corporation regarding the development charges on the premise that a plot No.11 measuring 525 sq.yards situated in Mauja Para, Northern Bye Pass, Sheela Chowk, Rohtak, vide sale deed dtd. 21/8/1989, was purchased. In order to raise the construction of a commercial complex in the year 2007, an amount of Rs.3,03,715.00, which included Rs.2,89,000.00 odd amount as part of the development charges was deposited vide receipt No.44 dtd. 31/12/2007. A plan was sanctioned by the defendant for three floors, i.e., basement, ground floor and first floor. In the year 2011, Municipal Committee, Rohtak was upgraded to Municipal Regular Second Appeal No.5492 of 2017 (O&M) {2} Corporation and thereafter, defendant issued notices dtd. 11/5/2012 and 28/5/2012 under Sec. 261 of the Haryana Municipal Corporation Act, 1994 demanding conversion fee/development charges and had illegally demolished the staircase of the plaintiff causing loss of Rs.1,00,000.00. Under compelling circumstances, the plaintiff deposited Rs.4,38,950.00 as conversion fee. In addition to the said amount, also deposited Rs.16,580.00 as building fee and Rs.1,80,000.00 as composition fee and Rs.1,16,300.00 as cess fee, on 31/5/2012.

(3.) The aforementioned suit was contested by the Municipal Corporation by apprising that by virtue of a notification dtd. 3/4/2012, the Municipal Corporation was established and sanction was valid for a period of one year and no construction thereafter. The sanction holder was required to pay prevalent development charges.