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Judgment
IA/4682/2015
Heard.
The delay of 106 days in filing the revision petition is condoned subject to deposit Rs.10,000/- as cost with Consumer Legal Aid Account-NCDRC, within two weeks from today. RP/1829/2015
The petitioner/complainant applied to the Municipal Corporation Ludhiana for approval of the building plan for construction of a Cinema Hall known as ''Chand Theatre'' in place of the Cinema Hall existing at that time. The plan was approved by the aforesaid Municipal Corporation on 24.04.1979. The petitioner/complainant claims to have paid the requisite charges before the aforesaid plan was approved by the Municipal Corporation.
Thereafter, the complainant was allotted the dealership of a petrol outlet in the complex of Chand Theatre. When the complainant applied for issuance of clearance certificate, it was asked to deposit a sum of Rs.9,49,615/-. The complainant deposited the aforesaid amount, and its case is that the aforesaid deposit was made under protest. After issue of clearance, the petitioner/complainant approached the concerned District Forum seeking refund of the amount paid by it.
The complaint was resisted by the opposite party-Greater Ludhiana Area Development Authority (GLADA) on the ground that the aforesaid deposit was made as per the order of the SDM before issue of the NOC for setting up a retail petrol outlet. The aforesaid amount comprised Rs.7,62,005/- as External Development Charges (EDC) charges and Rs.85,365/- as License Fee, besides a sum of Rs.1,02,245/- as Conversion Charges. Municipal Corporation Ludhiana was impleaded as opposite party no.2 and filed a reply stating therein that they had sanctioned the plan for commercial purposes on 24.04.1979. It however further stated in the reply filed by the corporation that they had also approved the petrol pump.
The District Forum vide its order dated 31.05.2012 dismissed the complaint. Being aggrieved, the petitioner/complainant approached the concerned State Commission by way of an appeal. The said appeal having also been dismissed, the petitioner/complainant is before us by way of this revision petition.
The authorized representative of the petitioner has drawn my attention to the reply filed by the Municipal Corporation Ludhiana before the District Forum. It was stated in the reply that site of petrol pump was part of Chand Theatre Complex. It was maintained in the reply that Corporation had sanctioned site plan of Chand Theatre in the year 1979.
The petitioner/complainant has also drawn my attention to a letter dated 16.02.2010 sent by Assistant Public Information Officer of Municipal Corporation Ludhiana informing therein that petrol pump was a part of Chand Cinema which they had approved vide Map No.1697 dated 24.04.1979.
The main issue in this case is as to whether the petitioner/complainant at the time of obtaining approval of the site plan dated 24.04.1979 had paid Change of Land Use (CLU) charges, conversion charges and External Development Charges (EDC) in respect of site of the petrol pump or not.
The reply filed by the corporation does not indicate as to whether the charges deposited at that time included the CLU, conversion charges and EDC applicable to the site of the petrol pump or not. In these circumstances, the Commissioner of Municipal Corporation Ludhiana is directed to verify whether CLU charges, conversion charges and external development charges in respect of site of the petrol pump were paid by the petitioner/complainant at the time of approval of the Map on 24.04.1979 or not. If on such verification, he finds that the aforesaid charges were duly paid in respect of the petrol pump site, the respondents no.1 and 3 shall refund the amount deposited with them, within four weeks of receiving communication from the Commissioner, Municipal Corporation Ludhiana in this regard. If however he finds that the aforesaid charges in respect of site of the petrol pump were not paid by the petitioner/complainant, the revision petition shall stand dismissed without any further orders. The verification in terms of this order shall be made by the Commissioner, Municipal Corporation Ludhiana, within 8 weeks from today. It is again made clear that if the CLU charges, conversion charges and external development charges were not paid by the petitioner/complainant in respect of site of the petrol pump, before taking approval from the Municipal Corporation Ludhiana on 24.04.1979, the orders passed by the District Forum and the State Commission shall remain operative and this revision petition shall stand dismissed.