Nakul Shah Vs. the Municipal Board and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/771752
CourtRajasthan High Court
Decided OnAug-20-2007
Case NumberS.B. Civil Writ Petition No. 1951/2005
Judge Prakash Tatia, J.
Reported in2008(1)WLN395
AppellantNakul Shah
RespondentThe Municipal Board and anr.
Excerpt:
municipalities - permission for construction--municipal board given permission to other similarly situated persons--petitioner deposited the conversion charges before municipal board--municipal board stating that land in question is falling in area of proposed bus stand--land has yet not been acquired--held, municipal board is directed to consider the case of petitioner for grant of permission in the changed circumstances.;writ petition disposed of. - prakash tatia, j.1. at the request of learned counsel for the parties, this writ petition is heard finally.2. the petitioner's grievance is that the petitioner has wrongly been denied the construction permission by the respondent municipal board.3. the petitioner has submitted an additional affidavit before this court stating therein that the same municipal board has given permission to other similarly situated persons namely, fakir mohammed and razak mohammed sons of shri abdul shakoor and their land is also situated in araji no. 5005/2. the petitioner has also submitted copy of permission granted by municipal board as annex.6. the petitioner also submitted that he has deposited the conversion charges before the municipal board on 16.02.2004, therefore, the petitioner is entitled to obtain allotment from the respondent municipal board.4. learned counsel for the respondent municipal board submitted that since the land in question is falling in the area of proposed bus stand, there fore, the permission was refused.5. i considered the submission of learned counsel for the parties and perused the facts of the case.6. since it is admitted case that the land has yet not been acquired and similarly situated persons have been granted permission to raise construction and on depositing the conversion charges, therefore, this writ petition is disposed of with a direction to the respondent municipal board to consider the case of the petitioner for grant of permission in the changed circumstance sand pass a brief order, if permission is denied. the petitioner shall be free to challenge said order in case the permission is refused.7. the respondents are directed to consider the case of the petitioner within a period of two months from the date of receipt of the certified copy of this order.
Judgment:

Prakash Tatia, J.

1. At the request of learned Counsel for the parties, this writ petition is heard finally.

2. The petitioner's grievance is that the petitioner has wrongly been denied the construction permission by the respondent Municipal Board.

3. The petitioner has submitted an additional affidavit before this Court stating therein that the same Municipal Board has given permission to other similarly situated persons namely, Fakir Mohammed and Razak Mohammed sons of Shri Abdul Shakoor and their land is also situated in araji No. 5005/

2. The petitioner has also submitted copy of permission granted by Municipal Board as Annex.6. The petitioner also submitted that he has deposited the conversion charges before the Municipal Board on 16.02.2004, therefore, the petitioner is entitled to obtain allotment from the respondent Municipal Board.

4. Learned Counsel for the respondent Municipal Board submitted that since the land in question is falling in the area of proposed bus stand, there fore, the permission was refused.

5. I considered the submission of learned Counsel for the parties and perused the facts of the case.

6. Since it is admitted case that the land has yet not been acquired and similarly situated persons have been granted permission to raise construction and on depositing the conversion charges, therefore, this writ petition is disposed of with a direction to the respondent Municipal Board to consider the case of the petitioner for grant of permission in the changed circumstance sand pass a brief order, if permission is denied. The petitioner shall be free to challenge said order in case the permission is refused.

7. The respondents are directed to consider the case of the petitioner within a period of two months from the date of receipt of the certified copy of this order.