- (1.) Heard learned Counsel for the parties.
(2.) In the aforesaid two writ petitions, common question of facts and law regarding demand of conversion charges after more than a decade of granting permission for construction by the Municipal Board, Jhalawar, are involved and, therefore, both the writ petitions have been clubbed and are being decided by this common order. Facts relating to S.B. Civil Writ Petition No. 5133/2001.
(3.) On the land which was neither allotted or sold by Respondent No. 2 Municipality nor by the State Government, one Narendra Kumar Kothari sought permission for construction of five shops as per the attached plan which was granted by the Municipal Board, Jhalawar vide order dated 13.11.1979 after receiving the requisite fees and charges. In the plan, location of the five shops has been mentioned and the same have been constructed. The said property subsequently vested in the Petitioner trust. On 16.11.2000, 28.4.2001, 16/18.6.2001 and 16.7.2001 notices were issued by Respondent No. 2 to the Petitioner trust asking them to deposit the conversion charges for using the premises for commercial purposes. The Petitioners submitted reply to the said notices wherein it has been specifically pleaded that the permission for construction of the shops was given by the Respondent No. 2 as per the Rules and the plan of the shops was approved after receiving the requisite fees and charges for construction, therefore, there is no justification to raise demand of the conversion charges after more than a decade. The conversion charges under the provisions of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act of 1959') are not applicable on the premises which were neither sold or allotted either by the Municipality or by the State Government. Facts relating to S.B. Civil Writ Petition No. 5115/2001;