Rajendra Kumari v. State of U.P. and 2 Others

Court No. - 21 Case :- WRIT - C No. - 42725 of 2023 Petitioner :- Rajendra Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajvendra Singh Counsel for Respondent :- C.S.C.,Pawan Kumar Singh Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Kshitij Shailendra,J.

¶1Heard learned counsel for the petitioner, Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State-respondent and Sri Brijendra Kumar, learned counsel for the Prayagraj Development Authority.

¶2The petitioner herein has challenged the demand notice dated

28.04.2023 issued by respondent no. 2 levying various charges for sanction of her 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).

¶3An affidavit has been filed on behalf of the Prayagraj Development Authority in Writ - C No. 41640 of 2023, annexing therewith an order dated 5.12.2023, by which it has been clarified that even in respect of notices already issued but amount has not been 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¶5As a result, the impugned demand notice dated 28.04.2023 would stand withdrawn in respect of the charges held to be not permissible by the Supreme Court in Mathura Vrindavan Development Authority (supra). (Kshitij Shailendra, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 16.12.2023 Mukesh Pal High Court of Judicature at Allahabad