- (1.) Since the issue to be decided in this special leave petition is limited to the interpretation of Section 173-A of the Rajasthan Municipal Act, 1959 (hereinafter referred to as "the Act"), it was decided to hear out the special leave petition at the admission stage itself.
(2.) The facts involved in the special leave petition, in brief, are as follows:
(3.) The respondent herein, Pareshar Soni, purchased an old house situated at Moti Chowk, Jodhpur, from one Smt. Shanti Kumari Lodha by a registered sale deed dated 15.5.1987. It appears from the judgment forming the subject matter of the special leave petition that Smt. Shanti Kumari acquired the ownership and possession of the said property pursuant to a judgment and decree passed by the Calcutta High Court on 6.6.1972 in Civil Suit No.867 of 1934. After purchasing the property the said respondent filed an application before the Municipal Corporation, Jodhpur, under Section 170(1) of the Act seeking permission to construct a residential house and a few shops on the said property. Inasmuch as, the Municipal Corporation did not take any step on the said application, a notice was sent on behalf of the respondent herein to the Corporation under Section 170(8) of the Act providing for a response within 15 days of receipt of the notice. It appears that the Corporation did not pay any heed even to the said notice, and accordingly, by invoking the deeming clause the respondent started construction work on the said property.;