judgment (WRIT - C No. - 56485 of 2013 Petitioner :- Smt. Rekha Rani Respondent :- State Of U.P. Thru Secy. And 3 Others) date 12.12.2013 where in a bunch of writ petitions clubbed together to decide common question of facts and law with regard to the competence of the Development Authorities constituted under Act 1973 to levy and demand of (a) External development fee (b) Internal development fee (c )Sub-division charges (d) park fee (e) compounding fee in respect of sub-division charges, (f) inspection/ supervision charges, (g) labour cess, (h) bank guarantee for the value of the cost of the land before sanctioning the building plan as per the application submitted under Section 14 of the 1973. For recorded the demand under the heads of (a) permit fees (b) malwa fee (c) water fees (d) Triveni Mahotsav fee has not been challenged.
Bench of Hon'ble Arun Tandon,J and Hon'ble Anjani Kumar Mishra, J. disposed bunch of Writ petitions with following directions:
- We hold that the development fee both external and internal as well as city development charges/impact fee cannot be levied or collected by the Development Authorities, so long as statutory rules in exercise of powers under Section 15 (2-A)/38-A of Act, 1973 are not framed.
- We direct that henceforth the Development Authorities shall not levy or collect any development fee both external and internal as well as city development charges/impact fee until statutory rules as required are framed.
- We also hold that the demand of sub-division charges, compounding fee for sub-division, as wholly illegal and the Building Bye-Laws framed in that regard need not be given effect to. The Development Authorities must insist for open space being left in accordance with the Building Bye-Laws instead of charging money for violation thereof.
- Demand of permit fee, supervision fee, inspection fee, park fee, impact fee, labour cess is held to be illegal, as not contemplated by any of the provision of Act, 1973.
- Petitioners, who have deposited the money under the aforesaid heads, (a), (c) and (d) under protest or under interim orders passed in these petitions, shall be entitled for refund of the same on an application being made before the Development Authority concerned within one month of the making of the application.
- All money collected by the Development Authorities from other persons under the aforesaid heads shall be transferred to the relevant account and shall be utilized for the purposes, mentioned under Act, 1973.
- The demand of Bank Guarantee in advance towards the cost of land and construction of houses for E.W.S. and persons belonging to lower income group, as also for installation of rain water harvesting system is also quashed subject to conditions mentioned in the body of the judgement.
Details of the judgment :
Case :- WRIT - C No. - 56485 of 2013 Petitioner :- Smt. Rekha Rani Respondent :- State Of U.P. Thru Secy. And 3 Others the judgment date: 12.12.2013
