Umesh Kumar v. State Of U.P. Thru Secy & Ors.

Petitioner :- Umesh Kumar Respondent :- State Of U.P. Thru Secy. And Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C.,Abhay Kumar Dwivedi, Ashish Kumar Srivastava, Dhananjay Awasthi Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

Heard learned counsel for the parties.

Through present writ petition, the petitioner has challenged the demand notice dated 26.11.2011 which was issued to him by Gorakhpur Development Authority at the time of sanctioning the map submitted by the petitioner.

The aforesaid demand notice issued by the Gorakhpur Development Authority demanded various fees including stacking fee, sub-division charge, development charge, inspection fee etc.

Learned counsel for the petitioner has challenged the aforesaid demand notice on the ground that only those charges/fees can be demanded by the Development Authority which are referable to Section 15(2-A) of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "Act, 1973"). Learned counsel for the petitioner, therefore, submits that only those charges/fees can be levied at the time of sanctioning the map by the Development Authority for which the Act, 1973 authorises the Development Authority and the State Government in exercise of power u/s 41 of the Act, 1973 cannot authorise/permit the Development Authority to levy charges/fees which are not mentioned in the Act, 1973. Section 15(2-A) of the Act, 1973 is being quoted as below:- "15(2-A). The Authority shall be entitled to levy development fees, mutation charges, stacking fees and water fees in such manner and at such rates as may be prescribed: Provided that the amount of stacking fees levied in respect of an area which is not being developed or has not been developed, by the Authority, shall be transferred to the local authority within whose local limits such area is situated. "

The controversy of the present case is squarely covered by the judgement of this Court passed in Writ C No.24761 of 2003 (Smt. Chan Muni Vs. The Allahabad Development Authority And Others) decided on 13.07.2023.

It is made clear that all the benefits of the judgement passed in Writ C No.24761 of 2003 (Smt. Chan Muni Vs. The Allahabad Development Authority And Others) decided on 13.07.2023 will be available to the petitioner of the present petition. Order Date :- 27.7.2023 PK (Manoj Bajaj,J.) (Siddhartha Varma,J.) PRAVEEN KUMAR PRAVEEN KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad