MALTI KAUL Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By these writ petitions levy of development fee, Malva fee, water charges and composition/ compounding fee by Development Authorities constituted under U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the Act) has been challenged. Most of the writ petitioners are directed against Gorakhpur Development Authority, Gorakhpur and few writ petitions have been filed against imposition of such charges by the Allahabad Development, Allahabad. With the consent of the learned counsel for the parties Writ Petition No.35662 of 1994, Smt. Malti Kaul v. Allahabad Development Authority has been made the leading case.

(2.) Petitioner's application for amending the writ petition so as to enable him to challenge the Government order dated 12-8-1986 has already been allowed by this Court. Consequently the State of U.P. has now been impleaded as one of the respondents.

(3.) We have heard learned counsel for the petitioner, Sri R.N. Singh, learned counsel for Allahabad Development Authority, Sri. U.N. Sharma, learned counsel for Gorakhpur Development Authority and the learned Standing counsel for the State of U.P.