Shanta Nand Srivastava vs State Of U.P. And Another
2023 Latest Caselaw 36290 ALL

Allahabad High Court

Shanta Nand Srivastava vs State Of U.P. And Another on 21 December, 2023

Author: Manoj Kumar Gupta

Bench: Manoj Kumar Gupta

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242006-DB
 
Court No. - 21
 

 
Case :- WRIT - C No. - 43999 of 2023
 

 
Petitioner :- Shanta Nand Srivastava
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Ajay Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta
 

 
Hon'ble Manoj Kumar Gupta,Acting Chief Justice
 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned Counsel for the parties and perused the record.

2. The petitioner has challenged the demand notice dated 8.12.2023 issued by respondent no.2 for sanction of the building plan.

3. Learned Counsel for the petitioner placed reliance on a judgment of Supreme Court in Case of Mathura Vrindavan Development Authority and another Vs. Rajesh Sharma and others reported in AIR 2023 SC 2957, wherein the Supreme Court has held that various charges which do not fall within the purview of Section 15(2-A) of the U.P. Urban Planning and Development Act, 1973 cannot be realized by the Development Authority.

4. Sri B.K. Ojha, learned Counsel for respondent no.2 points out that by the impugned notice, only charges which are permissible under law have been levied. The notice has been issued taking into consideration the judgment of the Supreme Court in Mathura Vrindavan Development Authority (supra).

5. Learned Counsel for the petitioner could not point out as to which charge demanded by the impugned notice is contrary to the judgment in Mathura Vrindavan Development Authority (supra).

6. Consequently, we find no merit in the petition. The writ petition is dismissed.

Order Date :- 21.12.2023

S. Singh

(Manish Kumar Nigam, J.) (Manoj Kumar Gupta, A.C.J.)