Judgment - CHANDRACHUD D. Y. , J.

( 1 ) THE constitutional validity of the Maharashtra regional and Town Planning (Amendment) Act, 1992 - Maharashtra act 16 of 1992 - has been challenged in these proceedings. By this amendment, the State legislature inserted Chapter VI-A into the provisions of the parent Act in order to provide for the levy, assessment and recovery of a development Charge. Sub-section (1) of section 124-A enacts the levy of a development Charge in the following terms :

"124-A (1) Subject to the provisions of this Act. the Planning Authority or the development Authority (hereinafter in this Chapter collectively referred to as "the Authority"), shall levy within the area of its jurisdiction development charge on the institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act, at the rates specified by or under the provisions of this Chapter : provided that, where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separately for the building and the land. "

( 2 ) BY virtue of the provisions of sub-section (2) the Deve

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