STATE OF RAJASTHAN Vs. BALAJI INDUSTRIES

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The respondent-petitioner was granted permission to construct over the land in question. The petitioner had purchased the land in question from the Receiver of M/s. Daduwala and Co. It is situated in Bhilwara. He sought permission for construction from Commissioner. The permission was granted by the Commissioner of Municipality in terms of Sec. 170 of the Municipalities Act, 1959. It has been brought to the notice of the Court by Notification dated 24th Nov., 1976 the Commissioner was delegated power to exercise the authority of the Board under Sec. 170 of the Act in the matter of granting permission and he was, therefore, duly competent to grant such permission.

(3.) It appears that at the relevant time, the elected body of Municipal Council, Bhilwara was superseded and its administration was put under an Administrator. The Administrator by his order dated 27-6-88 in purported exercise of his powers under Sec. 311 of the Act, stayed the operation of the order granting permission to the respondent-petitioner and directed the petitioner to stop further construction over the land in question. The said order dated 27-6-1988 (Annex. 9) was subjected to challenge in Writ Petition No. 2003/88. (i) The State Govt. through the Secretary, Local Self-Govt., (ii) the Administrator, Municipal Council, Bhilwara, and (iii) the Municipal Council, Bhilwara through its Commissioner were made respondents.