THE MAYOR JAIPUR MUNICIPAL CORPORATION & ANR.V. THAKUR SHIV RAJ SINGH & ORS. versus THAKUR SHIV RAJ SINGH & ORS.

Citation: [2019] 10 S.C.R. 1023 · Decided: 05-08-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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1023
 THE MAYOR JAIPUR MUNICIPAL CORPORATION & ANR.
v.
THAKUR SHIV RAJ SINGH & ORS.
(Civil Appeal No.6030 of 2019)
AUGUST 05, 2019
[ASHOK BHUSHAN AND NAVIN SINHA, JJ.]
Rajasthan Municipalities Act, 1959 – s.173-A – Predecessor-
in-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 sub-
sec.2 of s.173-A or to the land use in the Master Plan at the relevant
[2019] 10 S.C.R. 1023
  1023
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SUPREME COURT REPORTS
[2019] 10  S.C.R.
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.
Allowing the appeal, the Court
HELD: 1.1  Section 173-A of Rajasthan Municipalities Act,
1959 is provision dealing with the power of the State Government
to allow the change of use of land. Section 173-A was amended by
Rajasthan Municipalities (Amendment) Act, 1999. The demand
for conversion charges having been raised in the present case in
the year 2002, the provisions of Section 173-A as amended by
Act 19 of 1999 are applicable in the present case. A perusal of
unamended and amended Section 173-A indicates that there is
substantial change in the statutory provision of Rajasthan
Municipalities Act, 1959. 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. The amended Section 173-A has not only changed
heading of the Section but contents also. Section 173-A as
amended contains restriction on use of land. Both sub-section
(1) and sub-section (2) of Section 173-A now contain a restriction
on both the categories of land, i.e., (i) originally allotted or sold
by the State Government, any Municipality and other local
authority or any other body or legal authority; (ii) in the case of
any land not allotted or sold and not covered under sub-section
(1). The restriction is that no person shall use or permit the use
of any such land situated in a municipal area other than that for
which such land use was or is permissible, in accordance with the
Master Plan, wherever it is in operation. The amended provision
of Section 173-A has been brought on the Statute book to ensu

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