RAJENDRA PRASAD ARORA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have instituted this writ proceedings for quashing of the demand notice dated 20th September, 2018 issued by the Allahabad Development Authority, Allahabad (now Prayagraj Development Authority, Prayagraj)1, the second respondent, whereby the petitioners have been called upon to deposit a sum of Rs.50,62,774.00 for compounding of their construction, which is commercial, and other charges.

(2.) The relevant facts may briefly be stated: the petitioners are owners of a part, an area of 285.32 square meter, of Nazul Free hold Site No. 'Z', Civil Station, Allahabad, which is a part portion of Premises Nos. 14 and 18, New Lal Bahadur Shastri Marg, Allahabad. The said plot was purchased by the petitioners vide registered sale-deed dated 11th December, 2009. The petitioners made an application to the second respondent for sanctioning of map of the residential accommodation, which was sanctioned. Later, the petitioners submitted a revised map for change of use of the building from residential to commercial. Upon the said application, the second respondent has issued a fresh notice dated 20th September, 2018, whereby apart from other fees the compounding fee for a sum of Rs.21,61,086.00 and the impact fee to a tune of Rs.33,04,148.00 have been demanded.

(3.) The petitioners have averred in the writ petition that the demand notice has been issued on the ground that it relates to commercial use of the building and not for sanctioning the building map afresh. It is stated that demand of impact fee of Rs.33,04,148.00 is totally illegal as it is not provided anywhere in the Uttar Pradesh Urban Planning and Development Act, 19732. Similarly, the compounding fee is also arbitrary and illegal.