NIRMALJIT KAUR,J. - (1.) The petitioner-firm, in an auction conducted on 03.03.1990 was successful having offered highest bid of Rs. 10,02,000/- while depositing 25% of the bid amount on the spot. The auction was, therefore, finalized in favour of the petitioner-firm. The petitioner firm deposited the remaining amount and annual rent on 18.04.1990. Petitioner was given possession of the aforesaid cinema plot on 19.06.1990 and is having peaceful possession of the subject land ad measuring 5325 Sq. Yards commonly known as 'Cinema Plot'. In the adjoining plot, there is Gurudwara on one side and Ganesh Temple on the other. The people objected to the construction of cinema theatre on the aforesaid land as according to them, construction and exhibition of films amidst religious temple and Gurudwara will adversely hurt their religious sentiments. The respondents accordingly did not give permission for construction of cinema theatre on the plot in question for almost 14 years.
(2.) The petitioner in the changed circumstances finding that the construction of cinema theatre on the said land is impossible and found its huge investment of sum of rupees 15 lacs (including the cost of land, stamp duty, lease rent etc.) made in 1990 going in vain, made an application/representation dated 29.07.2004 to the then Revenue Minister and sought permission for construction of shops on the subject land, which would work as a catalyst in the development of the Mandi Area. Meanwhile, the Government too clarified vide its order dated 21.12.2005 that as per Condition No.24 of the Rajasthan Colonization Conditions, 1973, the State Government can dispose off the land as per its discretion. The Deputy Secretary further clarified that the land be converted as per conversion Rules issued by the Urban Development Department and the land be converted under intimation to the State Government, Colonization Department.
(3.) The question therefore arose as to whether the petitioner was liable to pay the conversion charges from cinema to commercial.;