ABHIKESH S/O. OMPRAKASH AGRAWAL Vs. STATE OF MAHARASHTRA THROUGH SECRETARY, URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) RULE. Rule made returnable forthwith.

(2.) BY way of present petition, the petitioners are seeking directions to the respondent No.2 and 3 to refund the amount of Development Charges and property tax, recovered from them. The petitioners who are the owners of the Plot, having area of 565.6 sq. Mtrs., situated in City Survey No.5071 situated within the territorial jurisdiction of Municipal Corporation Jalgaon desired to make construction on the plot and, therefore, submitted a plan to the competent authority of the Municipal Corporation. The said plan was rejected on 25th October, 2002. Again, on 29/7/2003, the petitioner submitted an application for permission under Section 44 of the Maharashtra Regional and Town Planning Act (hereinafter referred to as the "MRTP Act").

(3.) PERUSAL of the said provision would reveal that under sub-section (1) of Section 124, that if any person, who intends to carry out any development or change any use of any land, for which permission is required, is required to make an application for such permission. Perusal of sub-section (2), would reveal that the Authority shall, on such application being made or if no such application is made, by a person instituting or changing any use of any land or building, then after serving a notice in writing on the person liable to such payment and after calling for a report in that behalf from the concerned officer of the authority, and after taking into consideration the report aforesaid, determine whether or not and if so, what development charge is leviable in respect of that development or institution of use or change of use. It furthers reveals that this has to be done after giving the person concerned an opportunity to be heard.