KUNDAN MAL Vs. DISTRICT COLLECTOR PALI

JUDGEMENT

(1.) The petitioner's father purchased 48 x 56 square feets land out of a pattasud land measuring 1125.33 square yards in the municipal limits of Sumerpur from Beera Kesha and others and another piece of land admeasuring 56 x 48 square feets from Ibrahim s/o Moosaji. According to the petitioner, a regular patta was also issued in the name of the petitioner and his father thereafter for the land admeasuring 60 x 72 square feets and for the remaining land of 6 x 72 square feets, a patta was issued in favour of the erstwhile Gram Panchayat. Thus, according to the petitioner, they purchased the land from the private owners and are in possession of the same since long.

(2.) The petitioner moved an application under S. 170 of the Rajasthan Municipalities Act, 1959 (for short 'the Act') for grant of permission to raise construction over that land along with the plan. According to the petitioner, the respondent Municipality treated that application for grant of permission to raise construction for commercial purposes and directed to calculate the conversion charges though the petitioner did not seek permission to raise construction for commercial purposes. Rs. 29,887/- was calculated towards the commercial charges and the petitioner was asked to deposit the same before the permission was given as per Annex. 1 dated 28-7-97. The said amount was deposited by the petitioner.

(3.) As per the averments made in para 7 of the petition, after the deposit of commercial charges, the respondent Board accorded permission to the petitioner to raise construction by its order dated 2-6-95. (This statement is factually incorrect because the order at Annex. 1 was passed on 28-7-97 much after passing of the impugned order at Annex. 2 on 2-6-95.)