Gujarat High Court
Jamnagar Municipal Corporation vs Vinayak Cold Storage on 17 June, 2021
Bench: N.V.Anjaria
C/SA/94/2021 ORDER DATED: 17/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 94 of 2021
With
CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
In R/SECOND APPEAL NO. 94 of 2021
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JAMNAGAR MUNICIPAL CORPORATION
Versus
VINAYAK COLD STORAGE
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 17/06/2021
ORAL ORDER
ORDER IN SECOND APPEAL
Heard learned advocate Mr.Hemant Munshaw for the
appellant- Corporation.
The present Second Appeal is directed against judgment
and decree dated 11.2.2021 passed by the learned Additional
District and Sessions Judge, Jamnagar dismissing Regular Civil
Appeal No.89 of 2007, in turn confirming judgment and decree
dated 4.5.2007 in Regular Civil Suit No.362 of 2006 passed by
learned 2nd Additional Senior Civil Judge, Jamnagar.
The Suit was instituted by respondent- plaintiff for
recovery and refund of the amount which was collected by the
appellant Corporation towards development charges under the
relevant provisions of the Gujarat Town Planning and Urban
Development Act, 1976.
In the facts of the case, Second Appeal deserves to be
admitted on the following substantial questions of law.
C/SA/94/2021 ORDER DATED: 17/06/2021
(i) Whether in the facts of the case, Courts below committed
an error of law in passing the decree for refund of development
charges collected by the Corporation under Sections 99 and 100
of the Gujarat Town Planning and Urban Development Act, 1976.
Whether such charges levied were refundable in law?
(ii) Whether in the facts of the case, the refund of the
development charges which were levied by the Corporation after
following procedure in law and the respondent plaintiff had
deposited the same at the time of obtaining development
permission and getting the plans and lay out sanctioned in the
year 1997 without objection, was permissible in law at
subsequent stage, as decreed by the Courts below?
ORDER IN CIVIL APPLICATION
The Second Appeal having being admitted, in this Civil
Application for stay, having heard learned advocate for the
appellant Corporation, there shall be Rule returnable on
27.7.2021.
By way of ad-interim relief, the operation, implementation
and execution of the judgment and decree dated 11.2.2021 in
Regular Civil Appeal No.89 of 2007 passed by the learned
Additional District and Sessions Judge, Jamnagar on
confirmation of the judgment and decree dated 4.5.2007 in
Regular Civil Suit No.362 of 2006 passed by learned 2 nd
Additional Senior Civil Judge, Jamnagar, shall remain stayed on
condition however that the Corporation shall deposit before the
Trial Court the entire decreetal amount with interest on or
before 15.7.2021.
C/SA/94/2021 ORDER DATED: 17/06/2021
Upon deposit, the Trial Court shall invest the amount with
any nationalized bank in Fixed Deposit initially for a period of
three years and renewable. The respondent- plaintiff will neither
be entitled to be given any amount at this stage pending the
appeal in which the legality and validity of the judgment and
decree is under consideration, nor the Fixed Deposit receipt
shall be utilized for any purpose including loan or etc. and the
same shall remain with the custody of the Nazir of the Court.
(N.V.ANJARIA, J)
Manshi
