Hon'ble Prakash Padia,J.
Sri Anoop Trivedi, learned counsel, has accepted notice on behalf of second, third and fourth respondents. Learned Standing Counsel has accepted notice on behalf of respondent no.1.
Counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within a week, thereafter.
The petitioner has instituted this writ petition for issuance of writ of certiorari to quash the demand of external development charges, impact fees and sub division charges raised by the third respondent namely Joint Secretary, Allahabad Development Authority, Prayagraj against the petitioner vide its notice dated 30.11.2008 (annexure 1 to the writ petition).
The facts in brief as narrated in the writ petition are that the petitioner is owner of Free Hold Site No.DD/1A and DD/1B Bungalow No.12. Subsequently, the petitioner applied to the respondent Allahabad Development Authority for sanction of lay out plan in respect of free hold site for the aforesaid bungalow.
On 7.4.2018 the Zonal Officer of the Allahabad Development Authority issued a demand notice to the petitioner directing the petitioner to deposit a sum of Rs.44,09,611/- showing various charges including permit fees, sub division charges, development fee, inspection charges etc. The petitioner challenged the aforesaid demand notice dated 7.4.2018 by filing writ petition being Writ C No.15053 of 2018 (Kunal Shah @ Punja Bhaiya Vs. State of U.P. and others). This Court vide its order dated 1.5.2018 stayed the demand of sub division charges and directed the authorities to consider the building plan submitted by the petitioner within a period of four weeks from the date of deposit of the remaining amount. The aforesaid writ petition along-with a bunch of petitions were disposed of by Division Bench of this Court vide its order dated 8.5.2018 whereby directions were given to the petitioners including the present petitioner to deposit the sub division charges, if not, deposited already within a period of 12 weeks. In the aforesaid judgement passed by the Division Bench of this Court on 8.5.2018 in Writ C No.61696 of 2017, the earlier writ petition filed by the petitioner bearing Writ Petition No.15053 was also decided.
It is narrated in the writ petition that against the aforesaid judgement dated 8.5.2018 Special Leave to Appeal (C) No. 20258 of 2018 was preferred by one Sri Ram Educational and Charitable Trust before the Hon'ble Supreme Court. The Supreme Court was pleased to passed the following order:-
"Issue notice.
Tag with Civil Appeal No.4489 of 2014.
There shall be stay on sub-division charges from the petitioner; however, we make it clear that in case the petitioner is ultimately found liable, he shall be liable to pay the same, with interest, as may be determined at the time of final order."
It is further narrated in the writ petition that the petitioner has submitted a revised map before the respondent authorities with request to grant sanction of building plan for construction of shop room/commercial premises. In this background of the fact, the third respondent namely Joint Secretary, Allahabad Development Authority, Prayagraj, issued a demand notice by which the petitioner was directed to deposit a sum of Rs.74,27,462/-. The aforesaid demand notice pertaining to various charges including permit fees, sub division charges, development fee, inspection charges, impact fees etc. The copy of the demand notice is appended as annexure 1 to the writ petition.
From perusal of the facts, it is clear that the earlier Division Bench of this Court has refused to grant interim order against sub division charges and granted the liberty to the petitioner to deposit the entire amount remaining, at the development authority.
Dissatisfied with the said order as stated above a Special Leave to Appeal (C) No. 20258 of 2018 was filed before the Supreme Court in which an interim protection was granted staying the sub divisional charges from the petitioner.
We have heard learned counsel for the parties.
Learned counsel for the parties are agreed that in the facts and circumstances, the petitioner is also entitled to the similar relief.
Accordingly, it is provided that if the petitioner deposits other amounts except sub-division charges in pursuant to the demand notice dated 30.11.2018 (annexure-1 to the writ petition), the map shall be sanctioned forthwith.
List for final hearing after disposal of the Special Leave Petition pending before the Supreme Court. Parties are at liberty to move appropriate application after decision of the Supreme Court.
Order Date :- 20.12.2018 Pramod Tripathi