Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners and Shri Apurva Hajela, learned Standing Counsel. Shri Avadhesh Narayan Dubey and Shri Pawan Kumar Singh appear for respondent nos.2 and 3.
Present writ petition has been preferred assailing validity of demand of development charges, impact fees and sub divisional charges raised by respondent no.3 against the petitioners by the demand letter dated 8.10.2020 and for a direction to the respondent authority to release the sanctioned map of the petitioners forthwith without insisting the petitioners to deposit the disputed amount in pursuance of the demand notice dated 8.10.2020.
Learned counsel for the petitioners submits that similar controversy has earlier been raised before this Court in Writ-C No.34223 of 2018 (Smt. Arti Gupta v. State of U.P. & Ors.) in which interim order has been accorded by this Court on 13.12.2018 and as such it is submitted that similar indulgence may also be accorded in this writ petition. The said fact has not been disputed by learned counsel for the respondents. For ready reference, the order dated 13.12.2018 is quoted as under:-
"The petitioner has instituted this petition for issuance of a writ of certiorari to quash the demand notice dated 06.10.2018, whereby the petitioner has been called upon to deposit the sub division charges to the tune of Rs.20,60,564/-.
It is urged on behalf of the petitioner that petitioner has submitted on line application under Section 15 of the U.P. Urban Planning and Development Act,1973 on 3rd October, 2018. In response thereto the respondent no. 3 has issued the impugned demand notice whereby a total sum of Rs.25,41,028/- has been demanded under different heads including sub division charge for a sum of Rs.20,60,564/-. It is contented on behalf of the petitioner that the issue in regard to the sub division charge is engaging attention of the Supreme Court.
It is worthwhile to mention that a Division Bench of this Court has refused to grant interim order against the sub division charges and granted the liberty to the petitioner to deposit the entire amount demanded by the development authority subject to the outcome of the civil appeal pending in the Supreme Court.
Dis-satisfied with the said order one of the petitioner in the batch of the writ petitions decided by this Court, preferred Petition for Special Leave to Appeal No.20258 of 2018, wherein following order has been passed by the Supreme Court on 13th August, 2018-
"Issue notice, 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."
We have heard learned counsel for the petitioner, learned Standing Counsel and Sri Arun Kumar, learned counsel appearing on behalf of second and third respondents.
Learned counsel for the parties are agreed that in facts and circumsgtancews of this case 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, 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."
In view of above, it is provided that if the petitioners deposit other amounts except sub-division charges in pursuant to the demand notice, 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.1.2021 SP/