The PDA had failed to prepare the zonal development plans as provided under Section 9 of the Act. The decision of the PDA to allow mixed area in the residential areas was unreasonable and unjustified.

JUDGMENT :

Pradeep Kumar Singh Baghel, J.

1. The petitioners have instituted this writ proceedings for quashing of the demand notice dated 20th September, 2018 issued by the Allahabad Development Authority, Allahabad (now Prayagraj Development Authority, Prayagraj) [PDA], the second respondent, whereby the petitioners have been called upon to deposit a sum of Rs.50,62,774.00 for compounding of their construction, which is commercial, and other charges.

2. The relevant facts may briefly be stated: the petitioners are owners of a part, an area of 285.32 square meter, of Nazul Free hold Site No. 'Z', Civil Station, Allahabad, which is a part portion of Premises Nos. 14 and 18, New Lal Bahadur Shastri Marg, Allahabad. The said plot was purchased by the petitioners vide registered sale-deed dated 11th December, 2009. The petitioners made an application to the second respondent for sanctioning of map of the residential accommodation, which was sanctioned. Later, the petitioners submitted a revised map for change of use of the building from residential to commercial. Upon the said application, the second respondent has issued a fresh notice dated 20th September, 2018, whereby apart from other fees the compounding fee for a sum of Rs.21,61,086.00 and the impact fee to a tune of Rs.33,04,148.00 have been demanded.

3. The petitioners have averred in the writ petition that the demand notice has been issued on the ground that it relates to commercial use of the building and not for sanctioning the building map afresh. It is stated that demand of impact fee of Rs.33,04,148.00 is totally illegal as it is not provided anywhere in the Uttar Pradesh Urban Planning and Development Act, 1973 [Act]. Similarly, the compounding fee is also arbitrary and illegal.

4. It is stated that for the area where the petitioners' plot is situated no zonal development plan has been prepared by the development authority. It is further stated that Section 9 of the Act contemplates preparation of zonal development plan in terms of the master plan and the compounding contrary to the zonal development plan cannot be permitted. Therefore, unless zonal development plan is sanctioned, compounding fee cannot be charged. The development authority has not framed any rule prescribing the rate of imposition of the compounding fee.

5. It is also stated that the demand of the permit fee, inspection fee and Malwa fee is illegal and against the judgment of this Court in Smt. Malti Kaul and another v. Allahabad Development Authority and another, AIR 1995 All 397. It is averred that the development fee and betterment fee have been highly excessive, arbitrary and contrary to the law laid down by the judgment in the cases of Virendra Kumar Tyagi v. Ghaziabad Development Authority, Writ Petition No. 46706 of 1999, decided on 27.10.2005, Smt. Rekha Rani v. State of U.P. and others, 2014 (1) ADJ 325 (DB) : (2014) 4 UPLBEC 2789, Smt. Nisha Kumari v. State of U.P. and others, 2014 (6) ADJ 20 (DB) : (2014) 3 UPLBEC 2139 : 2015 (1) AWC 339, and Smt. Malti Kaul (supra).

6. It is averred in the writ petition that there is a nexus between the local builders and the officials of the development authority in demanding the arbitrary and illegal demand against the provisions of the Act. The petitioners have also demanded a free and fair judicial enquiry in this matter, otherwise situation leads to a disastrous development and the purpose and object of the Act would be defeated.

7. The petitioners have also prayed that this writ petition be converted into the public interest litigation as the authorities are arbitrarily converting the residential areas, which have been earmarked as such in the master plan, into the commercial area. It is stated in a supplementary affidavit that there are only nine bungalows remained on the Elgin Road, which are used purely as residential, and rest of the buildings