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Supreme Court of India 2019-08-05 partly_allowed

THE MAYOR JAIPUR MUNICIPAL CORPORATION vs THAKUR SHIV RAJ SINGH

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

The Jaipur Municipal Corporation sought to overturn a High Court judgment ordering refund of conversion charges. The respondents purchased land in 1959 and applied to construct a commercial-residential complex in 2002, depositing ₹1.01 crores as conversion charges demanded by the Corporation. The Supreme Court held that under Section 173-A of the Rajasthan Municipalities Act (as amended in 1999), conversion charges are lawfully payable if the Master Plan operative at the time of application designated the land as residential. The Court allowed the appeal, quashing the refund order, but remitted the matter to permit respondents to demonstrate with evidence that the 2002 Master Plan actually designated their plot as commercial, not residential."

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Municipal Law Land Use Conversion Administrative Law Property Rights

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