Doaba Sheet Greh v. State of U.P. and Another

Court No. - 21 Case :- WRIT - C No. - 41640 of 2023 Petitioner :- Doaba Sheet Greh Respondent :- State of U.P. and Another Counsel for Petitioner :- Dhiraj Singh Counsel for Respondent :- C.S.C.,Anand Prakash Paul,Avadhesh Narayan Dubey,Pawan Kumar Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Sri Dhiraj Singh, learned counsel for the petitioner, Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State respondent and Sri Anand Prakash Paul and Sri Avadhesh Narayan Dubey for the Prayagraj Development Authority (respondent no. 2).

¶2The petitioner herein has challenged the demand notice dated

25.11.2023 issued by respondent no. 2 levying various charges for sanction of its building plan. The contention of learned counsel for the petitioner is that various charges being demanded by the impugned notice do not fall within the purview of Section 15(2-A) of U.P. Urban Planning and Development Act, 1973 or under Section 35 of the Act and are thus illegal. In support of his submission, he places reliance on the judgment of Supreme Court dated 28.4.2023 in the case of Civil Appeal No. 5645 of 2015 (Mathura Vrindavan Development Authority and Another Vs. Rajesh Sharma and Others).

¶3In compliance of our previous order, an affidavit has been filed by respondent no. 2, annexing therewith an order dated 5.12.2023, by which it has been clarified that even in respect of notices already issued but amount not yet deposited, the PDA would apply the judgment of Supreme Court in Mathura Vrindavan Development Authority (supra).

¶4As the Prayagraj Development Authority has already issued clarification that it would apply the judgment of Supreme Court in Mathura Vrindavan Development Authority (supra) even in respect of notices already issued, therefore we dispose of the instant petition with liberty to Prayagraj Development Authority to issue fresh notice of demand, keeping in view the judgment of the Supreme Court in Mathura Vrindavan Development Authority (supra).

¶5As a result, the impugned demand notice dated 25.11.2023 would stand withdrawn in respect of the charges held to be not permissible by the Supreme Court in Mathura Vrindavan Development Authority (supra). (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 6.12.2023 Jaideep/- High Court of Judicature at Allahabad