Doaba Sheet Greh vs State Of U.P. And Another
2023 Latest Caselaw 34000 ALL

Allahabad High Court

Doaba Sheet Greh vs State Of U.P. And Another on 6 December, 2023

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:231329-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 41640 of 2023
 
Petitioner :- Doaba Sheet Greh
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Dhiraj Singh
 
Counsel for Respondent :- C.S.C.,Anand Prakash Paul,Avadhesh Narayan Dubey,Pawan Kumar Singh
 

 
Hon'ble Manoj Kumar Gupta,Acting Chief Justice
 
Hon'ble Donadi Ramesh,J.
 

1. Heard Sri Dhiraj Singh, learned counsel for the petitioner, Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the State respondent and Sri Anand Prakash Paul and Sri Avadhesh Narayan Dubey for the Prayagraj Development Authority (respondent no. 2).

2. The petitioner herein has challenged the demand notice dated 25.11.2023 issued by respondent no. 2 levying various charges for sanction of its building plan. The contention of learned counsel for the petitioner is that various charges being demanded by the impugned notice do not fall within the purview of Section 15(2-A) of U.P. Urban Planning and Development Act, 1973 or under Section 35 of the Act and are thus illegal. In support of his submission, he places reliance on the judgment of Supreme Court dated 28.4.2023 in the case of Civil Appeal No. 5645 of 2015 (Mathura Vrindavan Development Authority and Another Vs. Rajesh Sharma and Others).

3. In compliance of our previous order, an affidavit has been filed by respondent no. 2, annexing therewith an order dated 5.12.2023, by which it has been clarified that even in respect of notices already issued but amount not yet deposited, the PDA would apply the judgment of Supreme Court in Mathura Vrindavan Development Authority (supra).

4. As the Prayagraj Development Authority has already issued clarification that it would apply the judgment of Supreme Court in Mathura Vrindavan Development Authority (supra) even in respect of notices already issued, therefore we dispose of the instant petition with liberty to Prayagraj Development Authority to issue fresh notice of demand, keeping in view the judgment of the Supreme Court in Mathura Vrindavan Development Authority (supra).

5. As a result, the impugned demand notice dated 25.11.2023 would stand withdrawn in respect of the charges held to be not permissible by the Supreme Court in Mathura Vrindavan Development Authority (supra).

(Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.)

Order Date :- 6.12.2023

Jaideep/-