- Court
- High Court of Judicature at Allahabad
- Decided
- 7 November 2023
- Case no.
- WRIC 38665/2023
Judgment
Chief Justice's Court Case :- WRIT - C No. - 38665 of 2023 Petitioner :- Sushil Kumar Dubey Respondent :- The State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Dhiraj Singh Counsel for Respondent :- C.S.C.,Arun Kumar,Pawan Kumar Singh Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
¶1Heard Shri Dhiraj Singh, learned counsel for the petitioner, learned counsel for respondent No.1 and Shri Pawan Kumar Singh, learned counsel for respondent Nos. 2 and 3.
¶2The petitioner is aggrieved by notice dated 22.06.2017 issued by the respondent - Corporation to the petitioner informing him to complete certain formalities for sanctioning the map of retail outlet. By the said notice, the petitioner was asked to deposit Rs. 66,94,000/- including Rs. 31,50,000/- as impact fee for the same.
¶3Learned counsel for the petitioner has relied upon a recent judgment of the Hon'ble Supreme Court in the case of Mathura Vrindavan Development Authority and Another vs. Rajesh Sharma and others and other connected appeals; 2023 SCC Online SC 530, 2023 0 Supreme (SC) 426, in respect of his contention that the Development Authority is not entitled to realize impact fee as the same is not contemplated under the provisions of the U.P. Urban Planning and Development Act, 1973.
¶4Learned counsel appearing on behalf of respondent Nos. 2 and 3 is not in a position to dispute the said submission.
¶5Having regard to the above judgment of the Hon'ble Supreme Court, we permit the petitioner to approach the respondent - Corporation and apprise it of the legal position which now emerges after the judgment of the Supreme Court, so that a fresh decision, in accordance with law, is taken by the Corporation in respect of the proposal submitted by the petitioner for setting up of the retail outlet.
¶6In view of the above, the writ petition stands disposed of. Order Date :- 8.11.2023 Mukesh Pal (Ashutosh Srivastava, J) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.