GANDHI VIDYA MANDIR Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2013-2-126
HIGH COURT OF RAJASTHAN
Decided on February 27,2013

Gandhi Vidya Mandir Appellant
VERSUS
STATE OF RAJASTHAN Respondents

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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