HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil First Appeal No. 596 / 2010

Nagar Nigam, Jaipur Through the Mayor, Nagar Nigam Office, Tonk

Road, Jaipur

----Defendant-Appellant

Versus

M/s. Shrerit Auto Pvt. Ltd. Through Shri K.K. Poddar, ‘Nandan’

D-Block, Janpath Shyam Nagar, Jaipur

----Respondent

_____________________________________________________

For Appellant(s) : Mr. L.L. Gupta, Mr. N.S. Maheshwari

& Mr. K. S. Rawat for Ms. Naina Saraf

For Respondent(s) : Mr. R.K. Daga

_____________________________________________________

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

17/02/2018

Reportable By the court

1.

The instant civil first appeal under section 96 CPC filed by

the defendant-appellant is directed against the judgement and

decree dated 16.11.2009 passed by the Civil Judge, Senior

Division, Jaipur (hereinafter "the trial court") whereby the learned

trial court partly decreed the suit of the plaintiff-respondent.

2.

The facts leading to the instant first appeal can be briefly

summarised as thus: That the plaintiff-respondent is a private

limited company doing business in the name of M/s Shrerit Auto

Private Limited. The plaintiff-respondent purchased a plot bearing

no B-19, Govind Marg, in front of Dusshera Garden, Adarsh Nagar,

Jaipur (hereinafter "the plot"). The purported use of the said land

was residential" and the plaintiff-respondent applied to the

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[CFA-596/2010]

defendant-appellant to get the same converted to "commercial". It

was stated in the plaint that the defendant-appellant took the

decision to allow the conversion of the said plot from residential to

commercial on 8th September, 2003. It was further stated in the

plaint that the rates of conversion charges prevailing at that time

for such conversion was 40% per meter of the reserved price of

the residential plot and on the said date, the reserved price of the

plot was Rs. 2550 per sq. meter. However, due to the inaction of

the employees of defendant-appellant, the notice/information

regarding permitting the conversion of land from residential to

commercial was not given to the plaintiff-respondent till as late as

31^st August 2005, and by that time, the applicable conversion

charges were hiked to 7650 per sq. meter, with the result that

plaintiff-respondent who had to pay Rs. 12,69, 275 as conversion

charges, was now required to pay Rs. 38,39,229. Certain other

allegations regarding lease money having been wrongly charged

were also made in the plaint. Though the plaintiff-respondent paid

the entire conversion charges as demanded by the defendant-

appellant, it later filed the present civil suit to recover the excess

amount paid along with interest of 18% thereon.

3.

The defendant resisted the suit by filing written statement

wherein it is stated that on making application by the plaintiff for

changing the land use from residential to commercial, notification

regarding change of land use and accordingly the lease money

was settled again and advance commercial lease money for half

year from September, 2005 to February, 2006 was calculated to

Rs. 4,79,904/-, Rs. 606/- was charged as residential lease money

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and interest of Rs. 282/- charged. It was then mentioned that the

fact regarding not giving notice for settling the lease money was

wrong as the plaintiff defendant deposited the amount of

conversion charges after obtaining challan form from the office of

the defendant. It was also mentioned that the conversion charges

were charged at the rate of 40% of the residential reserved price

which was Rs. 7650/- per sq. meter. It was then mentioned that in

the meeting of the Finance Committee held on 10.3.2006 it was

decided that if the plaintiff company has any objection regarding

the rate of amount charged from it, it can file its representation so

that decision