JUDGEMENT
KOTHARI,J. -
(1.) THESE three writ petitions are disposed by this
common order.
(2.) THE facts are illustratively taken from S.B. CWP No. 788/2012 Gandhi Vidya Mandir vs. State and Ors.
The petitioner Gandhi Vidya Mandir, a society registered under the Societies Registration Act, 1860 was allotted a huge chunk of land way back in
the year 1951 52 by the State Government for the purpose of setting up of
educational institution in the town of Sardarshahar, Dist. Churu. Initially 429
bighas and 8 biswas of land was allotted to the petitioner society vide letter
dtd. 1.6.1951. By yet another letter dtd. 14.6.1952, the Collector, Churu allotted
3082 bighas and 19 biswas of land to the petitioner Society.
(3.) THE learned counsels for the petitioner submitted that as a matter of fact 50 educational institutions are being run by the petitioner society on the
said land and the respondent Municipal Board, Sardarshahar, Dist. Churu is
not entitled to demand any conversion charges for the alleged use of
agricultural land for non agricultural purposes, nor the respondent Municipal
Board could, restrict the on going construction activities on the part of the said
land allotted to the petitioner society when they were undertaking such
construction in the year 2008 2009 and therefore, aggrieved by the notice and
the communications issued by the respondent Municipal Board demanding
such conversion charges requiring the petitioner and deposit the same under
the provisions of Section 173A of the Act and also to comply with the
conditions of Section 170 of the Act for raising such construction only with the
approval of the maps and sanction by the respondent Municipal Board within
whose jurisdiction the entire area including the land in question admittedly
falls and not to undertake any construction activity without such prior approval
of the respondent Municipal Board, Sardarshahar.;
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