MOHAMMAD RAFIQ,J. - (1.) This appeal has been preferred by M/s. Suncity Project Pvt. Ltd. challenging the order dated 14.08.2019 passed by the learned Single Judge dated 14.08.2019 by which the application filed by the respondent-Jaipur Development Authority under Article 226(3) of the Constitution of India has been allowed in part, requiring the appellant to deposit a sum of Rs. 5.00 crores with the JDA within a period of 60 days towards the demand of due charges for change of land use of the subject land to commercial. The learned Single Judge, however, directed that in the event the appellant-company succeeds in the writ petition, the respondent-JDA will be liable to refund the aforesaid amount or amount as the court may direct with interest at the current PLR rate of the State Bank of India commencing the date of deposit under the interim order till the date of re-payment.
(2.) The appellant in the writ petition challenged the judgement of the Jaipur Development Authority Appellate Tribunal (for short-'the Tribunal') dated 13.4.2018 (Annexure-1) and the communication/demand notices dated 5.1.2016 (Annexure-2), dated 15.3.2016 (Annexure-3) and 22.9.2016 (Annexure-3A) and prayed that the demand raised by the respondents pursuant to audit objection be declared illegal and arbitrary.
(3.) The appellant approached the Tribunal by filing the appeal against the order dated 22.9.2016 (Annexure-3A) issued by the JDA demanding a sum of Rs. 7,18,12,474 for conversion of the disputed land from industrial to commercial and another sum of Rs. 10,86,16,367 towards interest, totalling to Rs. 18,04,28,841. The Tribunal by the aforesaid judgement dated 13.4.2018 dismissed the appeal.;