Only charges specified in Section 15(2-A) can be levied.

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of together, by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment(s) and order(s) passed by the High Court of Judicature at Allahabad passed in the respective writ petitions, by which the High Court has quashed and set aside the various demand notices raised by the respective Development Authorities and the State of UP, the Development Authorities and the State of U.P. have preferred the present appeals.

2.1 Some of the appeals have been preferred by the original writ petitioners challenging the interim orders passed by the High Court in the respective writ petitions refusing to stay the demand notices, however, subject to the outcome of the proceedings pending before this Court which are being disposed of by this common judgment and order and directing the respective Development Authorities that in case the decision in the present proceedings is against the Development Authorities/State of U.P., they shall refund the amount of various fees collected with 6% interest per annum.

2.2 By the impugned judgment(s) and order(s), the High Court has set aside the various demand notices except the levy of development fees/charges. However, so far as Civil Appeal No. 4489 of 2014 (State of U.P. v. Rekha Rani & Others) is concerned, the High Court has even set aside the levy/demand of development charges/fees also.

3. 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 (supra), in all other cases, the Allahabad High Court as such has upheld the levy of development charges/fees. However, the other levies/demands are concerned, i.e., other than development fees/charges, more particularly the subdivision charges etc., the High Court has set aside the said levy and/or demand notices on the ground that U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the ‘Act, 1973’) does not permit the levy of other charges other than provided under Section 15(2-A) of the Act, 1973. The High Court has also observed and held that such levy on the basis of the orders issued by the State Government, issued in exercise of powers under Section 41 of the Act, 1973, is illegal and bad in law. The levy of other charges, other than development fees/charges is held to be bad in law and in violation of Article 265 of the Constitution of India.

3.1 Quashing and setting aside the levy/demand notices with respect to external/internal development charges, inspection fee/supervision fee while granting of sanction layout plan, sub-division charges, stacking charges and impact fee etc. is the subject matter of present appeals.

The State of U.P. has also preferred appeal being Civil Appeal No. 4489/2014 [Rekha Rani (supra)] challenging the impugned judgment and order passed by the High Court by which the High Court has set aside the levy/demand with respect to development charges/fees also.

4. Shri Rana Mukherjee, learned Senior Advocate appearing on behalf of the State of U.P. has vehemently submitted that the State of U.P. in exercise of powers under Section 41 of the Act, 1973 issued orders permitting the Development Authorities in the State to recover the charges /fees with respect to 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. It is submitted that the said orders came to be issued in exercise of powers under Section 41 of the Act, 1973, which as such were in the larger public interest and for development of the area includ