VAID BHUSHAN Vs. MUNICIPAL COUNCIL KOTA

JUDGEMENT

(1.) THIS is an application for revision under sec. 300 of the Rajasthan Municipalities Act, 1959 in respect of the appellate orders of the Additional Collector Kota, dated 30. 6. 62 dismissing the appeal of the applicant against the orders of the Municipal Council, Kota dated 7. 3. 62. By the said order of the Municipal Council, the non applicant Shri Krishnaji had been granted permission to construct a building on his piece of land in Kota Municipal area.

(2.) I have heard the counsel for the parties and have also carefully examined the record. A preliminary objection was raised by the Municipal Perokar that this application was incompetent since there was no provision for such a revision application under the Act of 1959. He argued that in the original Rajasthan Town Municipalities Act of 1951, Sec. 108 dealt with the question of construction of new buildings and sub-sec. (b) of sub-sec. (8) provided for a revision application to the Government and sub-sec. (d) of sub-sec. (8) also provided that the order of the revising authority shall be final. Under the new Municipalities Act of 1959 in the corresponding section which was 170, sub-sec. (14) provided that the order of the appellate authority shall be final and there was no provision for a revision. He, therefore, contended that the present application for revision was not provided under the law. In reply the learned counsel for the applicant submitted that the provision in sec. 300 of the Act of 1959 was comprehensive and that the deletion in new Act of the provision as it existed in the Act of 1951 did not preclude the powers of the Court in entertaining an application in its revisional jurisdiction.