UNION OF INDIA THROUGH STATION COMMANDER Vs. M/S. S.R. LAND SQUARE PRIVATE LIMITED
LAWS(RAJ)-2018-2-220
HIGH COURT OF RAJASTHAN
Decided on February 02,2018

Union Of India Through Station Commander Appellant
VERSUS
M/S. S.R. Land Square Private Limited Respondents

JUDGEMENT

Mr. Vijay Bishnoi, J. - (1.) AND ORDER - This writ petition is filed by the Union of India through Station Commander, Military Station Headquarters, Ekling Garh Chhawani, Udaipur with a prayer for quashing and setting aside the order dated 24.02.2014 (Annexure-13) passed by respondent No. 8 - Director, Department of Local Self Bodies, Government of Rajasthan, whereby the appeal filed by the petitioner under section 194(12) of the Rajasthan Municipalities Act, 2009 (hereinafter to be referred as 'the Act of 2009') has been dismissed. The petitioner has also challenged the permissions dated 30.09.2011 (Annexure-5) and 28.01.2013 (Annexure-6) issued by Municipal Council, Udaipur now the Municipal Corporation, Udaipur-respondent No.9 for raising a high-rise building (hereinafter to be referred as 'Shikarbadi Residency) to the respondent Nos.3, 4 and 5 and the respondent Nos. 1, 2 and 6 respectively (hereinafter to be referred as 'the builders').
(2.) In the appeal before the Director, Local Bodies too, the petitioner had challenged the aforesaid permissions.
(3.) Necessary facts of the case, relevant for adjudication of this writ petition, as summarised by this Court, are that the respondent Nos.3 to 5 being the lawful owners of the plot Nos.79, 80, 89 and 90 situated at Block 'B', Goverdhan Vilas, Shikarbadi Road, Udaipur sought permission for constructing Shikarbadi Residency before the Municipal Corporation, Udaipur vide application dated 28.03.2011, however, the requisite charges such as application fees, inspection fees, water harvesting charges, and security etc. were deposited on 04.05.2011 and the Municipal Corporation started processing the said application on 10.05.2011.;


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