Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Urban Planning and Development Act Constitution of India 41 ss. 15(2- A) Art. 265 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | U.P. Urban Planning and Development Act, 1973 ss. 15(2-A), 41 – Constitution of India – Art. 265 – The dispute before the High Court by way of various writ petitions was with respect to challenge to the various demand notices by way of external/internal development charges, inspection fee/supervision fee while granting of sanction layout plan, development charges, sub-division charges, stacking charges and impact fee etc – Except in one case, namely, Rekha Rani, in all other cases, the Allahabad High Court as such has upheld the levy of development charges/fees – On appeal, held: Insofar as the levy of development fees/charges is concerned, the issue is now not res integra, in view of the direct decision of Supreme Court in the case of Malti Kaul and after taking into consideration the entire scheme and the relevant provisions of the Act, 1973, more particularly ss. 14, 15(2-A), 41 & 59 of the Act, 1973, Supreme Court has upheld the levy of development charges/fees – Under the circumstances, the High Court has rightly upheld the levy of development fees/charges except in the case of Rekha Rani and the decision of the High Court in the case of Rekha Rani quashing and setting aside the levy of development charges/fees thus is unsustainable and the same deserves to be quashed and set aside and the levy of development charges/fees, which otherwise is permissible under section 15(2-A) of the Act, 1973 is to be upheld. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 448 |
Petitioner | Mathura Vrindavan Development Authority & Another |
Respondent | Rajesh Sharma And Others |
SCR | [2023] 4 S.C.R. 899 |
Judgement Date | 2023-04-28 |
Case Number | 5645 |
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