SHAMUMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts of the case are that Municipal Council, Jodhpur had granted a lease in favour of M/s. Shree Automobile Works, Jodhpur of plot of land measuring 16400 sq. ft. situated at Old Bhandelaw, Chopasani Road, Jodhpur for 30 years from 3-12-60 and the lease deed was executed on 10-2-61. The property was in possession of M/s. Shree Automobile Works, Jodhpur. There was a partition between the partners of the firm and one of the partners Shri B.B. Gandhi submitted an application before the Municipal Council, Jodhpur for partition of the disputed plot. The partition was sanctioned by the Municipal Council, Jodhpur on 1-8-69 and plot measuring 7265.87 sq. ft. fell in the share of Shri Gandhi. Ultimately, this property fell in the hands of the petitioner, who is doing business in the name of Jodhpur Diesels Pvt. Ltd. The petitioner submitted an application on 17-7-85 to the Municipal Council for renewal of the lease and requested the Municipal Council, Jodhpur to renew the lease for 99 years or a sale deed be executed in favour of the petitioner. The State Govt. vide its order dated 24-9-96 granted sanction of the lease for 99 years in favour of the petitioner at the prevailing market rate for urban assessment of the property. Directions were issued to the Nazul Committee for assessment of the market rate.

(2.) The petitioner submitted an application to the Municipal Council, Jodhpur for assessment of the market rate @ Rs. 100/- per sq. meter on 13-11-91. On 31-1-92 the Commissioner, Municipal Council, Jodhpur wrote a letter to the Director, Local Self Govt., Jaipur that the rate mentioned by the petitioner for fixation at the rate of Rs. 100/- per sq. meter is too low and the rate be fixed at Rs. 300/- per sq. meter as is fixed in the case of Bhuraram. The letter also mentions that the meeting of the Nazul Land Committee be called in the month of December, 1991, which was not held. On 24-2-92 a letter was addressed by the petitioner to the Collector, Chairman, of the Nazul Committee that nothing has been done in the case of the petitioner nor the recommendation of the Commissioner, Municipal Council for fixing the rate @ Rs. 300/- per sq. yds. has been given finality. He expressed that in case the Nazul Committee's meeting is not possible at an early date, then the land rate may be approved by rotation of minutes, amongst the Nazul Committee members.

(3.) On 24-4-92 a meeting of the Nazul Committee for fixing the rate was held but no decision was arrived at in the petitioner's case. It was recorded in the minutes that the land belongs to the Municipal Council and it would be appropriate to consult the Urban Improvement Trust (U.I.T.) before fixing the rate. On 7-7-92 the petitioner again wrote a letter to the President of the Nazul Committee requesting him to fix the rate at Rs. 300/- per sq. meter. The petitioner again wrote a letter on 12-7-97 to the Deputy Director, Local Self, Rajasthan, Jaipur that the matter for fixation of the rate be taken up and decided. It was also brought to the notice that after 24-4-92 no meeting of the Nazul Committee is being called and no rate has been fixed. As nothing has been done in the matter of fixation of the rate, the petitioner has approached this Court by filing a writ petition and sought a direction that the Nazul Committee be directed to determine the urban assessment of the disputed property which was prevailing on 10-2-86, a date on which recommendation was made for grant of lease or may be directed to determine the urban assessment on the basis of the market value of the land on 24-9-91 keeping in view the location, construction and Govt. circulars issued from time to time.