MUNICIPAL CORPORATION JODHPUR Vs. RAJ KUMAR

JUDGEMENT

(1.) Heard the learned counsels for the appellants and the respondents.

(2.) This appeal is directed against the order dated 5-3-1999 passed by the learned single Judge in S. B. Civil Writ Petition No. 2715/97. By the aforesaid order, the writ petition filed by the respondent No. 1 Rajkumar Bhandari was allowed and the appellants as well as respondent No. 2 were directed not to insist for payment of conversion charges under Section 173-A of the Rajasthan Municipalities Act.

(3.) The only question which arises for decision is whether the State Government, can demand any conversion charges under Section 173-A of the Rajasthan Municipalities Act in respect of a land, which was neither allotted nor sold by the Municipality or the State Government. The petitioner submitted an application before the Municipal Corporation, Jodhpur seeking permission to construct shops on land measuring 3235 sq. ft. He submitted a blue print of the proposed construction along with his application. The petitioner was granted permission vide order dated 5-1-1998. An appeal was filed before the Collector, Jodhpur by some persons against the order dated 5-1-1988. In appeal, the order dated 5-1-1988 was set aside by the Collector. Being aggrieved by the order of the Collector, the petitioner preferred an appeal before the Divisional Commissioner, Jodhpur. The Divisional Commissioner also dismissed the appeal by order dated 20-6-1988. Being aggrieved by the orders passed by the Collector, Jodhpur and Divisional Commissioner, Jodhpur, the petitioner filed the S. B. Civil Writ Petition No. 1676/92 in the High Court. The writ petition was decided by the judgment dated 16-11-1993 by the learned single Judge. The writ petition was allowed and the order passed by the Municipal Corporation, Jodhpur granting permission to the petitioner to construct shops was restored. The petitioner constructed shops on the aforesaid land. After some time, the petitioner intended to make certain alterations in the shops constructed by him. He moved another application on 14-12-1995 seeking permission to make alterations in the plot. The application was complete in all respect but it was kept pending. On 22-7-1996, the petitioner served a notice on the Municipal Corporation, Jodhpur requesting that the permission be granted to the petitioner. After service of this notice, the petitioner was informed that technical report was being called for and after submission of the technical report, the building committee will decide the question of grant of permission. According to the averments made in the petition, after calling for the technical reports, the matter was placed before the building committee and the building committee, in his turn, approved the plan as submitted by the petitioner by its resolution No. 14. The decision of the building committee was submitted before the Commissioner but finally accorded approval on 14-2-1997 but added a condition that conversion charges be realised. The petitioner was served with the notice dated 18-6-1997 asking the petitioner to deposit the conversion charges within a period of 7 days. The total amount which was demanded by the petitioner as conversion charges was Rs. 1031139.00. Feeling aggrieved by the aforesaid notice demanding conversion charges under Section 173-A of the Rajasthan Municipalities Act, the petitioner filed the writ petition before this Court. A reply was filed on behalf of the respondents. It may be pointed out that according to the averments made in the petition, the land on which the petitioner has constructed the shops, was neither allotted nor sold to him by the State Government or the Municipality. The land was ancestral property of the petitioner and is situated in Moti Chowk, Jodhpur. A dispute had arisen in respect of the title as well as the possession over the said land and a regular Civil Suit No. 11/62 had been filed. The suit was dismissed by the trial Court by judgment dated 23-12-1966. An appeal was filed before the High Court and it was registered as D. B. Civil Regular First Appeal No. 30/67. The appeal was allowed vide judgment and decree dated 9-3-1973 and in accordance with the judgment and decree passed by the High Court, the possession of the disputed property was delivered to the petitioner's ancestors. At the time of delivery of possession, blue print was prepared. In para No. 3 of the writ petition it is mentioned that against the judgment and decree passed by the High Court, an appeal was also filed by the State Government but that was dismissed. Oswal Singh Sabha, which is a registered society also instituted a regular civil suit against Sire Chand Bhandari, Manak Chand, Rajendra Bhandari and Raj Kumar Bhandari. The suit was ultimately disposed of in accordance with the compromise between the parties. According to compromise, the petitioner got two pieces of land measuring 56' x 59' and 50' x 61'. The total area of which comes to 3235 sq. ft. The contents of para Nos. 2 and 3 of the writ petition were admitted by the respondents in their reply. Thus, it is not disputed that the land on which the petitioner has constructed shops was neither allotted nor sold by the State Government or the Municipality.