MUNICIPAL COUNCIL Vs. MOHAN LAL AND ORS.

JUDGEMENT

(1.) THIS special appeal has been filed by the Municipal Council, Pali against the judgment dated 25.2.2014 passed by the learned Single Judge allowing the writ petition and quashing impugned notices dated 1.4.2009 and 8.6.2009 with further direction to the Municipal Council, Pali to process the application of the petitioners for grant of permission to raise construction strictly in accordance with law and the observations made in the judgment. Since the applications are pending from the year 2008, the respondent Municipal Council was directed to decide the same expeditiously preferably within two months from the date of passing of the order. Brief facts of the case which have given rise to the Special Appeal are that a plot of land was allotted to the respondent -petitioner for commercial purposes. After the allotment of the land was made for Dhanmandi Yojna, the project of Dhanmandi Yojna itself was abandoned. In the lease deed it is specifically provided that the land shall be used for commercial purpose. It appears that Dhanmandi could not be established at the place and in the area where the plot of land was allotted to the petitioner. Under the provisions of Rajasthan Agricultural Produce Market Act 1961, a separate area was notified as market yard for carrying on wholesale business after which no person could have carried on the business of agriculture produce except in the notified market yard.

(2.) IN the earlier round of litigation, the dispute related to a general notice given to all the allottees on 15.7.2008 to produce their lease deeds, for changing the land use from commercial to residential in accordance with a new residential scheme proposed by Nagar Prishad. A Division Bench of this Court had allowed the writ petition with the findings' as follows: - -

(3.) THIS view was consistently followed by the Courts in India through out. To illustrate that the same principle was reiterated and reinvigorated in the case of Mohinder Singh Gill v. Chief Election Commissioner, New Delhi and Ors., : (1978) 1 SCC 405, wherein while laying down that the expanding area of the application of principles of natural justice has made the distinction between the administrative and quasi -judicial functions no longer relevant for the purpose of examining their validity. The Court observed referring to the Gordhandas Bhaji's case (supra): - -