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2006 Supreme(Raj) 2374

SHIV KUMAR SHARMA
Damani Construction Company Pvt. Ltd. – Appellant
Versus
Municipal Corporation, Jaipur – Respondent


Advocates Appeared:
R.S. Mehta, for Petitioner P.C. Jain, for Respondent

Honble SHARMA, J.–The prayer of the petitioner in this writ petition is to declare the clause 5 of order dated September 9, 1996 ultra vires and quash the imposition of levy of additional floor area charges. Direction has also been sought to restrain the respondent from withholding complete building plans after one installment of conversion charges was deposited.

(2). The petitioner company has been carrying on construction work and owned a plot bearing No.E-5 at New Colony Jaipur. Earlier the Jaipur Development Authority approved the plan of construction of residential building on October 16, 1996 but no construction could be started. Subsequently the petitioner submitted application to Municipal Corporation Jaipur on November 4, 1989 for change of use of land from residential to commercial purpose along with the fresh building plan. The petitioner also deposited processing fee Rs.666/- vide challan dated November 12, 1997. The Building Plan Committee approved the plan and the change of plot from residential to commercial purpose on payment of conversion charges. Jaipur Development Authority (Jaipur Region Building) Regulation,1996 (for short `1996 Regulations) came into force w.e.








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