MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is directed against order dated 12.12.96 passed by the District Collector, Bhilwara, whereby in purported exercise of power conferred under Section 285 of Rajasthan Municipalities Act, 1959 (for short "the Act") pending approval of the State Government the sanction for construction of commercial building granted in favour of the petitioner by the Municipal Council, Bhilwara, stands suspended and the Commissioner, Municipal Council has been directed to issue notice to the petitioner herein to stop the construction. The notice dated 27.12.96 issued by the Commissioner, Municipal Council, Bhilwara directing the petitioner to stop the construction has also been challenged.

(2.) THE relevant facts are that the petitioner purchased a plot situated in Azad Chowk, Bhilwara in the month August, 1996 by way of different sale deeds. The total measurement of the plot comes to 105x89.9 sq. ft. The petitioner's predecessor in title had applied for conversion of the land and permission to raise construction by way of an application dated 20.6.96. After due consideration, vide notice dated 29.8.96 issued by the Commissioner, Municipal Council, the petitioner's predecessors in title were directed to deposit conversion charges, projection charges and other charges as specified in the notice. The amount as specified in the notice was deposited by the petitioner by cheque vide receipt dated 12.9.96. The building plan submitted by the petitioner's predecessor in title was approved by the Municipal Council on 11/12.9.96. As per the approved plan, the permission was granted to raise construction on basement, ground floor, first floor and second floor. While the construction was in progress, the District Collector, Bhilwara vide order dated 12.12.96 suspended the construction permission dated 11.9.96 granted to the petitioner by the Municipal Council, Bhilwara pending approval by the State Government. That apart, the Commissioner, Municipal Council, Bhilwara was directed to issue notice to the petitioner to stop the construction. Accordingly, vide notice dated 27.12.96 issued by the Commissioner, Municipal Council, Bhilwara, the petitioner is directed to stop the construction. Hence, this petition.

(3.) LATER , interim order passed as aforesaid, was confirmed by this court vide order dated 29.1.02 with liberty to the respondents to file reply and prayer for its vacation. The interim order is in operation till this date.