LOK HOTELS AND RESORTS LIMITED Vs. JAIPUR MUNICIPAL CORPORATION
LAWS(RAJ)-2000-4-24
HIGH COURT OF RAJASTHAN
Decided on April 24,2000

LOK HOTELS, RESORTS LTD. Appellant
VERSUS
JAIPUR MUNICIPAL CORPORATION Respondents

JUDGEMENT

- (1.) Vide advertisement issued by the Director of Estate, Government of Rajasthan, Jaipur it was notified to auction of a free land, ceiling free, vacant property known as Dr. Hellings Bungalow located at Station Road, near Khasa Kothi for setting up a hotel/ commercial complex / hotel cum commercial complex, on the conditions mentioned therein in Annexure-1. The petitioner was the successful bidder where bid was accepted and confirmed by the Government of Rajasthan for a price @ Rs. 18,815/- per sq. meter and the total price of the plot / building in question being Rs. 19,56,76,000.00. A sale-deed was also executed on 7-1-1997 vide Annexure-2. The physical possession was also transferred. Building plans are said to have been submitted by the petitioner. It is stated that the building plans were ultimately approved on 20-2-1997, but still not released. For releasing the building plans a demand of certain amount vide Annexure-5 was made i.e. charges for additional constructed area, a licence fee, inspection charges, and stacking charges with the following details. Charges for additional constructed area Rs. 106,90,905.00 approval fee Rs. 41,26,982.00 Inspection charges Rs. 52,000.00 Stacking(Debris) charges Rs. 10,000.00 TOTAL Rs. 148,79,887.00
(2.) The petitioner company protested, however. It had to deposit the said amount vide separate two pay orders on 21-4-1997 vide Annexure-6, which was duly acknowledged vide Annexure-7. It is stated that another demand in addition to the demands mentioned above of the amount of Rs. 6,42,378/- were also as penalty made for undertaking certain activities vide Annexure-9 which was without any basis as no construction development activity was undertaken by the petitioner on the said plan. Demand was made vide Annexure-9 of the said amount which is also said to have been deposited under protest.
(3.) The maps were not approved till 14-5-1997.;


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