SHYAM SUNDER S/O SHRI CHETAN DAS KHADRIA Vs. THE STATE OF RAJASTHAN THROUGH THE SECRETARY, DEPARTMENT OF LOCAL SELF SECRETARIAT,JAIPUR

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned the legality of the notice issued by the Executive Officer, Municipal Board, Nohar, directing the petitioner to stop the commercial activity in the residential plot.

(2.) The relevant facts are that the petitioner herein purchased a plot measuring 1591 sq. ft. situated in Ward No.20, Nohar from Jasvinder Singh s/o Maghar Singh and Sukhdev Singh, Indrajeet Singh sons of Jasinder Singh by way of registered sale deed dated 30.5.1 According to the petitioner, the said plot is part of the land measuring 630 sq. yard covered by a patta issued by the Municipal Board, Nohar in favour of Shri Gheesa Ram s/o Shri Mewaram Regar and Shri Laduram s/o Shri Nanuram Regar, who had sold various plots after sub division of the land covered by the said patta.

(3.) After purchasing the plot as aforesaid, the petitioner made an application for the change of the land use from residential to commercial under the provisions of Rajasthan Urban Area Conversion of Land Use Rules, 2010 (for short the Rules of 2010). The Executive Officer of the Municipal Board issued a public notice dated 22.8.13 inviting objection against the conversion prayed for. The petitioner also deposited the conversion charges as per the determination made by the Municipal Board. A perusal of the proceedings reveals that after conversion charges being deposited by the petitioner, the matter was referred by the Municipal Board to the Senior Town Planner, Bikaner for technical sanction. It is not disputed before this court that no order permitting the change of the land use has been issued by the Municipal Board till this date. It is also not disputed before this court that without there being an order passed by the Municipal Board permitting the change of the land use, the petitioner proceeded to raise the construction for commercial purposes.