STATE OF UTTAR PRADESH Vs. MALTI KAUL

JUDGEMENT

(1.) Application for intervention is dismissed. Leave granted in the special leave petition.

(2.) These appeals arise from the judgment of the Allahabad High court dated 21/4/1995 declaring that the appellants are devoid of power to levy the development fee under the U. P. Urban Planning and Development Act, 1973 (11 of 1973 as amended from time to time (for short, "the Act").

(3.) The undisputed facts are that the appellant-authority was constituted under Section 4 of the Act as a development authority. When the respondents filed plans for grant of sanction, a demand was made of them to deposit the development fee. Calling the demands in question, the above appeals came to be filed. Consequently, declaration was made. In addition, the High court also found that the demands for malba charges (stacking charges) and water charges were violative of principles of natural justice. Accordingly, it directed the appellants to give opportunity of being heard to the respondents and then levy charges. Calling the decision in question, these appeals have come to be filed. The High court concluded that there is no provision in the Act or the Rules made thereunder, to demand and collect the development fee.