Rajasthan High Court - Jaipur
Shamumal vs State Of Rajasthan And Ors. on 23 January, 1998
Equivalent citations: AIR1998RAJ248
Author: P.P. Naolekar
Bench: P.P. Naolekar
ORDER P.P. Naolekar, J.
1. Brief fads of the case arc that Municipal Council. Jodhpur had granted a lease in favour of M/s. Shree Automobile Works, Jodhpur of plot of land measuring 16400 sq. ft. situated at Old Bhandelaw. Chopasani Road, Jodhpur for 30 years from 3-12-60 and the lease deed was executed on 10-2-61. The properly was in possession of M/s. Shree Automobile Works. Jodhpur. There was a partition between the partners of the firm and one of the partners Shri B.B. Gandhi submitted an application before the Municipal Council, Jodhpur for partition of the disputed plot. The partition was sanctioned by the Municipal Council, Jodhpur on 1-8-69 and plot measuring 7265.87 sq. ft. fell in the share of Shri Gandhi. Ultimately, this properly tell in the hands of the petitioner, who is doing business in the name of Jodhpur Diesels Pvt. Ltd. The petitioner submitted an application on 17-7-85 to the Municipal Council for renewal of the lease and requested the Municipal Council. Jodhpur to renew the lease for 99 years or a sale deed be executed in favour of the petitioner. The State. Govt. vide its order dated 24-9-96 granted sanction of the lease for 99 years in favour of the petitioner at the prevailing market rate for urban assessment of the property. Directions were issued to the Nazul Committee for assessment of the market rate.
2. The petitioner submitted an application to the Municipal Council, Jodhpur for assessment of the market rate @ Rs. 100/- per sq. meter on 13-11-91. On 31-1-92 the Commissioner, Municipal Council, Jodhpur wrote a letter to the Director, Local Self Govt., Jaipur that the rate mentioned by the petitioner for fixation at the rate of Rs. 100/- per sq. meter is too low and the rate be fixed at Rs. 300/- per sq. meter as is fixed in the case of Bhuraram. The letter also mentions that the meeting of the Nazul Land Committee be called in the month of December, 1991. which was not held. On 24-2-92 a letter was addressed by the petitioner to the Collector, Chairman, of the Nazul Committee that nothing has been done in the case of the petitioner nor the recommendation of the Commissioner, Municipal Council for fixing the rale @ Rs. 300/- per sq. yds. has been given finality. He expressed that incase the Nazul Committee's meeting is not possible at an early date, then the land rate may be approved by rotation of minutes, amongst the Nazul Committee members.
3. On 24-4-92 a meeting of the Nazul Committee for fixing the rate was held but no decision was arrived al in the petitioner's case. It was recorded in the minutes that the land belongs to the Municipal Council and it would be appropriate to consult the Urban Improvement Trust (U.I.T.) before fixing the rate. On 7-7-92 the petitioner again wrote a letter to the President of the Nazul Committee requesting him to fix the rate al Rs. 300/-per sq. meter. The petitioner again wrote a letter on 12-7-97 to the Deputy Director, Local Self, Rajasthan, Jaipur that the matter for fixation of the rale be taken up and decided, It was also brought to the notice that after 24-4-92 no meeting of the Nazul Committee is being called and no rate has been fixed. As nothing has been done in the matter of fixation of the rate, the petitioner has approached this Court by filing a writ petition and sought a direction that the Nazul Committee be directed to determine the urban assessment of the disputed properly which was prevailing on 10-2-86. a dare on which recommendation was made for grant of lease or may be directed to determine the urban assessment on the basis of the market value of the land on 24-9-91 keeping in view the location, construction and Govt. circulars issued from time to lime.
4. The meeting of the Nazul Committee was held on 15-7-97. The petitioner's matter was taken up for fixation of rate for 7265.87 sq. ft. of land, in possession of the petitioner, for which a sanction was granted by the State Govt. vide its order dated 24-9-91. The Nazul Committee took the view that the present market rate as fixed by the Registration Department for similar lands shall be determining factor for the value of the land of the petitioner and directed that the amount @ Rs. 12000/- per sq. meter shall be the market value of the petitioner's leased land. In pursuance of the aforesaid decision taken by the Nazul Committee, a notice was issued to the petitioner on 11-8-97 for depositing the amount as lease money at the rate of Rs. 12000/- per sq. meter. The petitioner has challenged the decision taken in the meeting by the Nazul Committee fixing the market rate as prevalent on 15-7-97 by filing the rejoinder.
5. It is submitted by the counsel for the petitioner that after the sanction of the Govt. vide its order dated 24-9-91. issuing direction to fix the value at the market rate, it was incumbent on the Nazul Committee to fix the market value of the property as was prevalent on 24-9-91 and the decision taken for fixing the market value as prevalent on 15-7-97 is beyond the competence of the Nazul Committee and is not sustainable in law. The exercise of power by the Nazul Committee is an arbitrary act.
On the other hand, it is submitted by the counsel for the respondent that had the market value been fixed by the Nazul Committee immediately after the sanction granted by the Govt. on 24-9-91, the petitioner would have been required to deposit that amount immediately on 24-9-91 or near about date, and at the rate fixed by the Nazul Committee, but by not deciding the rate immediately after sanction by the government, he has been sufficiently compensated by not requiring to deposit the amount immediately and thus, no interference should be made in the order passed by the Nazul Committee. The Court should also take into consideration diminishing trend in the value of the money and the fact that had the Municipal Council got that money at that time, it would have carried out much more work for the benefit of the public at the then prevailing rate of property which would not be possible to carry out today, if the market value of the property is fixed as on 24-9-91.
6. It is frankly conceded by the counsel for the respondents that after the sanction of lease of the land by. State Govt. on 24-9-91, it was incumbent on the Municipal Council to execute the lease deed in favour of the petitioner. Now if the respondent Municipal Council is required to execute the lease as per the direction of the State Govt., the fixation of the rate would also be made as per the direction issued by the State Govt. The plain and simple reading of the order of the State Govt. dated 24-9-91 is that the value of the properly would be fixed at prevailing market value and the prevailing market value shall be assessed by the Nazul Committee, when the State Govt. specifies the prevailing market value in the order, it necessarily has a reference to the date on which the order was passed. The order was passed on 24-9-91 and, therefore, it was incumbent upon the Nazul Committee to have fixed the market value as prevailing on 24-9-91. The Nazul Committee has no jurisdiction or authority to ascertain and fix the market value as on the date the Nazul Committee has held its meeting i.e. on 15-7-97.
7. The submission of the counsel that the petitioner has been sufficiently compensated by not requiring to deposit the amount immediately after the order has been passed by the State Govt. on 24-9-91, is not sustainable. The maxim "nullus commodum capere potest de injuria sua propria" is a maxim of law, recognised and established, that no man shall take advantage of his own wrong and this maxim which is based on elementary principles, is fully recognised in Courts of law and of equity. The reasonableness of the rule is manifest inasmuch as in taw or in equity one cannot take advantage of the mistake or latches on his part. It is a sound principle that he who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. Since a man cannot be permitted to take advantage of his own wrong, he will not be allowed to form a claim of his own inequity. By order dated 24-9-91, the State Govt. has directed the Nazul Committee to fix up the market rate as on date and it was expected of the Nazul Committee to immediately hold its meeting and fix the market rate of the land given to the petitioner. But the Nazul Committee although called the meeting in December, 1991, meeting was not held. Thereafter on 24-4-92 a meeting of the Nazul Committee was called for consideration of the matter of the petitioner amongst other matters but the matter was left open and it was said that the matter shall be decided after consultation with the U.I.T. Nothing has been brought to the notice of this Court that any efforts were made for consulting the U.I.T. for fixation of the Nazul rate. Thereafter nothing has been done for long five years and ultimately a decision was taken on 15-7-97. If the Nazul Committee did no take any decision fixing the Nazul rate, the petitioner cannot be blamed nor he can be penalised by fixing the market rate as on 15-7-97. Besides the fact that under the orders of the State Govt., the market rate, as on 24-9-91 was required to be fixed by the Nazul Committee.
8. The Nazul Committee has clearly exceeded its jurisdiction in fixing the market rate of the property in dispute as on 15-7-97.
9. Petition is allowed. The resolution passed by the Nazul Committee fixing the market rate @ Rs. 12000/- per sq. meter of the property in dispute by the resolution dated 15-7-97 is hereby quashed. The consequent notice issued directing the petitioner to deposit the amount @ Rupees 12000/- per sq. meter dated 11-8-97 also fails and is hereby quashed. The Nazul Committee is directed to fix up the market rate of the property, 7265.87 sq. ft. of the land, sanctioned, by the government in favour of the petitioner in accordance with the market value prevalent as on 24-9-91. The matter is pending consideration before the Nazul Committee since long and it is expected of the Nazul Committee to take decision expeditiously and accordingly, it is directed that the Nazul Committee through the District Collector, Jodhpur shall hold its meeting within a period of two months and determine the market value of 7265.87 sq. ft. land. On deposit of the amount so fixed by the Nazul Committee, the petitioner shall be granted lease of the area in question by the Municipal Corporation, Jodhpur in accordance with law.