M.N. Bhandari, J.

By this writ petition, a challenge is made to a decision of the respondents holding conversion of land use of the subject property necessary under the provisions of the Rajasthan Municipalities Act, 2009 (for short 'the Act of 2009') and consequential communication dated 22.3.2012 asking the petitioner to complete the process for conversion of land.

Brief facts of the case

2. It is stated that a land ad-measuring 4 bigha 11 biswa was allotted to one Jhumar Lal Tiwari in the year 1916 by the then State of Jaipur. The land was then purchased by Jhumar Lal Tiwari's son Govind Narain Tiwari in the year 1939 by paying a sum of Rs. 30,000/- towards 'nazarana' to the then State of Jaipur. Govind Narain Tiwari executed a gift deed in favour of the petitioner and Pradyumn Kumar Tiwari on 13.4.1957. The petitioner was desirous of developing a commercial complex in the subject property thus submitted site plan and map for its approval on 5.11.2007 to the Municipal Corporation, Jaipur. No action was taken for approval of the map thus petitioner made several representations to the Corporation but she received no response other than to seek clarification to certain objections vide letter dated 29.11.2007. When no further response was given by the Corporation, petitioner served a notice for demand of justice on 27.9.2011.

3. The petitioner preferred a writ petition bearing CW 15488/2011 to challenge action of the respondents Corporation. It was disposed of vide order dated 14.11.2011 to take remedies as are available under the law. The petitioner made a representation to the respondents but no response to it was given. A notice for contempt proceedings was served and it is thereupon that the letter dated 22.3.2012 was sent to the petitioner asking her to get the conversion of land as per section 182 of the Rajasthan Municipalities Act, 2009. The petitioner is aggrieved by the aforesaid thus preferred this writ petition.

Submissions of the petitioner

4. Learned counsel submits that the land in question was recorded in the name of Govind Narain Tiwari on payment of 'nazarana' of Rs. 30,000/-. The sale deed was executed on 11.11.1943. The land is free hold and fall in the commercial area as per the master plan thus petitioner submitted the maps and building plan for construction of commercial complex. The respondents have refused to approve building plan till land use of the subject property is changed as per section 182 of the Rajasthan Municipalities Act, 2009. It is in ignorance of the fact that the building plans were submitted for approval on 5.11.2007 thus should have been considered in the light of the Rajasthan Municipalities Act, 1959 (for short 'the Act of 1959').

5. The land in question was not allotted by the State of Rajasthan or the Municipal Corporation, Jaipur, rather, it was by the then Jaipur State. As per section 173-A of the Act of 1959, conversion of land was not required because allotment by the then State does not bar land use for commercial purpose. As per master plan also, it is falling in the commercial area. The respondents have wrongly applied the Act of 2009 by treating the land in question to be 'gair mumkin abadi'. In the light of the facts given above, impugned letter dated 22.3.2012 deserves to be set aside with a direction to the respondents to approve building plans of commercial complex without asking the petitioner to get the land converted for commercial use with payment of conversion charges.

6. Reference of the judgment of the Apex Court in the case of "State of Rajasthan & Ors. v. Pareshar Soni", (2007) 14 SCC 144 has been given. The judgment therein was in reference of the same facts and provisions of law. The conversion of land is not necessary if it is used for the purpose shown in the master plan or for which it was allotted.

7. Further reference of the judgment of this court in the case of "Sanjeev Sachdeva & anr. v. State of Rajasthan & ors.", SB Civil Writ Petition No. 13557/201