HC rules against refund of land tenure conversion fee

According to the details of the case,one Kirit Desai from Surat had applied to the government to change certain land in his possession in the district from new tenure to old tenure to remove certain restrictions on it under the provisions of the Bombay Tenancy & Agricultural Land Act,1948. Subsequently,the concerned district collector had converted the land from new tenure to old tenure and demanded Rs 3.23 crore from Desai.

He paid the amount in three instalments under protest after he reliably came to know that the authorities are likely to acquire a part of the land for the Town Planning Scheme.

The Surat Municipal Corporation had informed Desai that around 5,925 square metres of his land is likely to be reserved under the provisions of the Town Planning Act.

Subsequently,Desai moved the HC with a prayer that he is entitled to get proportionate refund for the amount of Rs 97 lakh for the land which is now being taken over under the Town Planning Scheme. A single judge bench had given its verdict in Desai’s favour and directed the government to refund the amount within 12 weeks.

But the government challenged the order in the Division Bench. Government pleader Prakash Jani contended that the order was bad in law and requires to be quashed. Upholding Jani’s contentions,the bench allowed the appeal and set aside the order of the single judge bench.