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2007 Supreme(MP) 221

S.K.KULSHRESTHA, J.K.MAHESHWARI
Nagda Municipality, Nagda – Appellant
Versus
ITC Ltd. – Respondent


Advocates Appeared:
C. L. Yadav, Sr. Counsel with O. P. Solanki, for Appellant; S. C. Bagadiya Sr. Counsel with Pankaj Bagadiya, for Respondent.

Judgement

S. K. KULSHRESTHA, J. :- This appeal assails the order dated 26-9-2006 passed by the learned single Judge in W.P. 1699/2006, whereby the learned single Judge has quashed the demand raised vide notice Ex. P.9 for development charge and in relation to the determination of compounding fee for illegal construction by the respondents petitioner, directions have been issued as under :-

"In the facts and circumstances of the case, the demand raised by the respondents towards Development Charges, Annexure P-6 and compounding fee Annexure P/19 are quashed with the following directions :

1. That the petitioner shall submit a detailed representation before the respondent No. 2, regarding the nature of land and the actual area of unauthorized construction within a week.

2. If such a representation is submitted by the petitioner, the respondents shall submit the same before President-in-Council, who shall consider the same in accordance with Section 187-A of the Act and also in accordance with the Guidelines issued by Collector for the year 2006-2007 and shall raise the demand accordingly.

3. The respondents shall pass a necessary order within a period of two weeks from the date of receipt






































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