SHARMA TRADING COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE on same set of facts, similar relief has been claimed, with consent of the parties, all these writ petitions have been heard together and decided by this order. For convenience, facts of CW 10703/2012 are taken. The petitioner firm is one which was allotted shop No. E -5, measuring 10 x 40 feet in Goun Mandi Yard, Bagru, District - Jaipur on 18.5.2007 on 49 years lease. Subsequently, a lease agreement was executed on 13.6.2007. Therein, rate for allotment of the plot/shop was mentioned. The petitioner firm paid initial amount as per terms and conditions and was liable to pay further amount in phased manner. Subsequent to the allotment aforesaid, respondents further made allotment to others at the rate lower than what was given to the petitioner firm. At that stage, petitioner questioned the rate on which the allotment of shop was made in their favour. The writ petition is precisely to challenge the rates charged by the respondents for a shop allotted to the petitioner firm.

(2.) LEARNED counsel submits that petitioner applied and was allotted shop/plot in Goun Mandi Yard (Fruits & Vegetables), Bagru by the Krishi Upaj Mandi Samiti (Fruits & Vegetables), Goun Mandi Yard, Bagru. The petitioner paid initial amount and even executed lease deed at the rates mentioned therein but, subsequently, it was found that the allotment of shops in Grain Mandi, Bagru was on lower rate more so when the location of the land is one and the same. Even the DLC rate taken therein was Rs. 3500/ - as is coming out from the order dated 11.8.2009 at annexure -12. The amount charged from the petitioner is at the DLC rate of Rs. 10,000/ - per square meter. This is in contradiction to the order at annexure -12 referred to above. The calculation of the rates for allotment of shop should have been after taking DLC rate at Rs. 3500/ - per square meter by taking item No. 10.2 of the DLC rates. The respondents took item No. 10.7 of the DLC rates of the area in ignorance of the fact that affidavit and earlier reply to representation dated 27.1.2011 given through Advocate are in conflict. The reference of item No. 10.4 of DLC has been given in the reply to the representation, whereas, while filing affidavit pursuant to the directions of this Court, reference of item 10.7 of DLC has been given though both item No. 10.4 and 10.7 are not applicable to the case in hand as it falls under item No. 10.2 giving location of the area and the rate therein. The DLC rate of the commercial property was Rs. 3500/ - thus serious view may be taken against the respondents for giving contradictory facts to the Court with a view to mislead. It is also stated that the petitioner firm was allotted shop in the year 2007 and when allotment was made in second phase somewhere in the year 2008, the rates charges for allotment of the shop was Rs. 875/ - per square meter i.e. 25% of Rs. 3500/ - per square meter. It was also shocking that allotment aforesaid was for 99 years, whereas, lease period in petitioner's case is of 49 years only. The difference of rates are apparently coming out in view of the aforesaid and shows arbitrary action on the part of the respondents for charging higher rate for allotment of shop. Accordingly, respondents may be directed to charge Rs. 875/ - per square meter i.e. 25% of Rs. 3500/ - for the shop allotted to the petitioner.

(3.) IT is further submitted that a confusion is tried to be created by mixing the land belonging to two different Mandi yards i.e. Fruit and Vegetable Mandi and Grain Mandi located in Bagru though both are adjacent to each other. The rate arrived at for allotment of the shops is as per the formula given by the government by evolving allotment policy as per judgment of the Division Bench of this Court. As per directions dated 6.8.2005, the rates for allotment of shops to the petitioner was by taking cost of the land plus 70% of the development charges to be divided by the area of the land. As per the aforesaid policy, the rates arrived at for allotment of shop to the petitioner came @ Rs. 8864/ - per square meter. As against the aforesaid, allotment in Grain Mandi was in pursuance to the earlier policy. In f`` allotment of shops in Grain Mandi was made on rent basis on 18.6.1992. The State Government came out with the policy to give the shop/land on lease to such of the allottees if they prefer to take 99 years lease instead of continuing on rent. Therein, the rates to be charged was decided at 25% of the DLC rate thus the calculation of the rate was on a formula different than the formula made applicable on the petitioner. For Grain Mandi, the allotment of shops on rent basis was made in first phase somewhere in the year 1992, whereas, in Fruit and Vegetable Mandi it started on lease basis in the year 2006. The comparison in reference to the allotment of shops in Grain Mandi are erroneous, rather, cannot be compared with the allotment of shop in Fruit and Vegetable Mandi. The allotment of shops in two different Mandi was not only under different policy but in reference to different formula to calculate the rate of allotment of shop/plot. In the background aforesaid, rates charged for lease in Grain Mandhi cannot be applied to the allotment of shops made in Fruits and Vegetable Mandi.