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A. S. CHANDURKAR, M. W. CHANDWANI
Gangadharrao Chitnavis Memorial Medical Research Trust – Appellant
Versus
Nagpur Municipal Corporation – Respondent
JUDGMENT
M.W.CHANDWANI, J. - Heard.
2. Rule. Rule made returnable forthwith and heard learned counsel for the parties.
3. The petition challenges demand notice dtd. 17/7/2019 whereby the respondent levied various charges including development charge on the building and land of the petitioner. The thrust of grievances in this writ petition is about levy of the development charge on the developed land of the petitioner.
4. It is urged that despite of the fact that land is already developed in the form of plot prior to 1992, the respondent, while sanctioning revised plan submitted by the petitioner for reconstruction of the building, levied development charge also on land illegally. The principal reliefs prayed in this writ petition are as follows:
"(a) quash and set aside the impugned order dtd. 19/3/2020 and the demand notices dtd. 17/07/2019, insofar as they levy development charges of Rs.61, 88, 757.00, Heritage Fess of Rs.2, 03, 580.00 (2% of Development Charges), Workers' Welfare Construction Cess at Rs.15, 57, 290.00, Security Deposit of Rs.55, 000.00 for earth removal, etc., and an amount of Rs.5, 08, 724.00 towards 'Plinth Area Check', which are clearly without any authority o
Development charges cannot be levied on land that is already developed and in use prior to the enactment of relevant provisions in the Maharashtra Regional and Town Planning Act, 1966.
The main legal point established in the judgment is that the authority to levy development charges must be in existence at the time of granting permission, and the recovery of the amount of premium o....
Development charges for nazul land must be assessed and determined at the time of granting permission, and any subsequent demand based on later government resolutions is not legally valid.
Only charges specified in Section 15(2-A) can be levied.
Authority must adhere to applicable regulatory frameworks when determining development charges and project timelines, ensuring compliance with statutory periods defined in the HMDA Act.
The main legal point established in the judgment is the requirement for a valid notice under Section 127 of the Maharashtra Regional and Town Planning Act, 1966 for the lapsing of reservation of land....
The main legal point established in the judgment is that the reservation would lapse on the expiry of the prescribed period, and any subsequent revision of the Development Plan would not revive or ex....
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