AJIT SINHA Vs. PATNA REGIONAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The Petitioner seeks quashing of the letter No. 1054 dated 5.4.2002 issued by the Assistant Engineer, Patna Regional Development Authority, by which he has demanded an amount of Rs. 73,768.00 as development fee in Plan Case No. 1068/-2001 and further for a direction upon the authorities to handover the sanctioned map to the Petitioner.

(3.) The brief facts of this case are that the Petitioner purchased 7.5 kathas of land of Patliputra Co-operative House Construction Society Limited from one Rabindra Gangadhar Lele. One of the conditions of the purchase was that the Petitioner will obey the bye-laws of the Society and Building Regulations and further that he will pay Rs. 5,000/- per katha as development cost to the Society which provided for the municipal services including the development, unit repair and construction of roads in the area of the Society. Accordingly, the Petitioner paid an amount of Rs. 37,800/- to the Society towards development cost and also the other charges. Thereafter the Petitioner submitted an application alongwith a copy of the proposed map of the building and the requisite fee as per Section 36 of the Bihar Regional Development Authority Act, 1981 in the office of the PRDA for its sanction. By the impugned letter No. 1054 dated 5.4.2002, the Petitioner was informed that the Vice-Chairman, PRDA has approved the Plan Case No. 1068/2001 on 3.4.2001 and a demand of Rs. 73,768/- towards development fee was also made. Aggrieved by the said demand the Petitioner has approached this Court.