NDLI: The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors. Vs. Thakur Shiv Raj Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rajasthan Municipalities Act Predecessorin- interest s.173-A 1959
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Municipalities Act, 1959 (38 of 1959)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Rajasthan Municipalities Act, 1959 – s.173-A – Predecessorin-interest of the respondents purchased the property in question – After his death, respondents became the owner of the property – Respondents made application to the Corporation for conversion of land use as condition precedent for sanction of building plan for constructing commercial-cum-residential complex – Corporation directed the respondents to deposit Rs.1,01,04,672/- towards the conversion charges – Respondents reserving their rights, deposited the amount –Conversion of the land use allowed– Respondents issued notice to the Corporation claiming refund – Respondents filed writ petition in the High Court – Dismissed – Special appeal filed by the respondent before the Division Bench – Allowed– Direction to the appellants to refund Rs.1,01,04,672/- with interest – Held: s.173-A deals with the power of the State Government to allow the change of use of land – s.173-A was amended by Amendment Act of 1999 – Prior to amendment, the power of the State Government to allow the change in the use of land was confined to a land allotted or sold by Municipality or the State Government– Both sub-ss.1 & 2 of s.173-A now contain restriction on both the categories of land, i.e. (i) originally allotted/sold by the State Government/any Municipality/other local authority/body/legal authority (ii) in the case of any land not allotted or sold and not covered u/sub-sec.1 of s.173-A – Restriction is with regard to the land use as provided in Master Plan –In the present case, even though prior to amendment of s.173-A, the respondents were using the land for commercial purposes, that user is prohibited by virtue of restriction brought by amended s.173-A(2) – Division Bench was unduly led by the fact that land which was purchased in 1959 was being used for commercial purpose – It did not advert to either subsec.2 of s.173-A or to the land use in the Master Plan at the relevant time, i.e., in 2002 when the respondents made application for sanction of building plan – Although, appellants brought on record the Land Use Plan 2011, which is in force w.e.f. 01.09.1998, the respondents contended that the said Plan does not conclusively establish that land use of the property in question was residential – Impugned judgment set aside – To meet the ends of justice, respondents given liberty to submit representation to the Corporation, if there are any materials and grounds that in the Master Plan in operation in 2002, the land use of the property in question was not residential but commercial – Rajasthan Municipalities (Amendment) Act, 1999.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 858
Petitioner	The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors.
Respondent	Thakur Shiv Raj Singh & Ors.
SCR	[2019] 10 S.C.R. 1023
Judgement Date	2019-08-05
Case Number	6030

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors. Vs. Thakur Shiv Raj Singh & Ors.

Please Log-in to view this content

Municipal Corporation Rajasthan Vs. Sanjeev Sachdeva and Others

Thakore Sobhag Singh Vs. Thakur Jai Singh & Ors.

Municipal Board of Abu Road Vs. Jaishiv & Ors. Etc.

M/s. Shiv Shakti Gold Finger Vs. Assti. Commissioner, Commercial Taxes, Jaipur

Jaipur Development Authority Vs. Sita Ram and Ors.

Municipal Corporation of Delhi Vs. C.l. Batra

Municipal Corporation, Ludhiana and Anr Vs. Balinder Bachan Singh (d) By Lrs. and Ors

State of Rajasthan Vs. Thakur Singh

Municipal Council, Jodhpur Vs. Parekh Automobiles Ltd. and Ors.

The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors. Vs. Thakur Shiv Raj Singh & Ors.

The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors. Vs. Thakur Shiv Raj Singh & Ors.

Please Log-in to view this content

Similar Documents

Municipal Corporation Rajasthan Vs. Sanjeev Sachdeva and Others

Thakore Sobhag Singh Vs. Thakur Jai Singh & Ors.

Municipal Board of Abu Road Vs. Jaishiv & Ors. Etc.

M/s. Shiv Shakti Gold Finger Vs. Assti. Commissioner, Commercial Taxes, Jaipur

Jaipur Development Authority Vs. Sita Ram and Ors.

Municipal Corporation of Delhi Vs. C.l. Batra

Municipal Corporation, Ludhiana and Anr Vs. Balinder Bachan Singh (d) By Lrs. and Ors

State of Rajasthan Vs. Thakur Singh

Municipal Council, Jodhpur Vs. Parekh Automobiles Ltd. and Ors.

The Mayor Jaipur Municipal Corporation & Anr.v. Thakur Shiv Raj Singh & Ors. Vs. Thakur Shiv Raj Singh & Ors.