KALANI INDUSTRIES (P) LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner -company, Kalani Industries Pvt. Ltd., was allotted 30 hectares (74.13 acres) of land situated at Bara Bagh, Jaisalmer, by the respondent, State Government for a period of 30 years for setting up a wind farm project on 27.12.2000 under the provisions of Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959 (for short, hereinafter referred to as 'Rules of 1959') and a lease -deed was executed in favour of petitioner -company on 09.04.2001 registered on 10.04.2001 with the Sub -Registrar, Jaisalmer. The possession of the land was delivered to the petitioner -company on 31.03.2001.

(2.) THE petitioner -lessee agreed to pay the lease rent for the said area of land @ Rs.1.50 per acre per year amounting to Rs.11,120/ - per annum, besides the payment of premium @ Rs.12,000/ - per Bigha for the said 30 hectares (185 Bighas and 6 Biswas) of Rs.22,23,960/ -, which is said to have been deposited with the Tehsildar, Jaisalmer vide the allotment letter (Annex.1) of the District Collector, Jaisalmer dated 27.12.2000.

(3.) THE controversy in hand and the cause of action for filing the present writ petition has arisen because the respondent Revenue Department demanded the enhanced lease charges prescribed under the Rules of 2006 and Rules of 2007. In this regard, demand of Rs.2,11,859/ - and interest thereon of Rs.47,574/ - for the years 2007 -08 and 2008 -09 was notified to the petitioner vide the communication Annex.3 dated 04.02.2009 of Tehsildar, Jaisalmer; and vide the communication Annex.6 dated 24.03.2009, the said authority returned the Demand Draft No.972671 dated 29.01.2009 for Rs.11,120/ - for the year 2008 -09 and demanded the outstanding amount of lease rent @ Rs.1,89,619/ - with interest, failing which coercive process for recovery by way of attachment was also informed to the petitioner. The petitioner made a representation against such demand before the learned District Collector, Jaisalmer vide Annex.7 dated 02.06.2009 and contended that the Rules of 2006 are not applicable to the case of the petitioner as the lease - deed was executed much prior to coming into force of these Rules of 2006; and Clause (VIII) of the lease -deed stipulates that annual rent as prescribed in the lease -deed will be subject revision after 30 years and on terms and conditions, which the State Government shall prescribe from time to time. Since, the petitioner could not get favourable response from the District Collector on the representation, it has approached this Court by way of present writ petition, which was filed on 15.06.2009, inter -alia, for praying quashing of the impugned demand notice issued by the Tehsildar, Jaisalmer vide Annex.3 dated 04.02.2009 and Anex.6 dated 24.03.2009.