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Supreme Court of India 2023-04-28 partly_allowed

Mathura Vrindavan Development Authority & Another vs Rajesh Sharma and Others

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

Development Authorities in Uttar Pradesh issued demand notices for various charges including inspection fees, supervision fees, sub-division charges, and impact fees under State Government orders. The High Court struck down most of these levies as unauthorized. The Supreme Court upheld the High Court's decision, holding that while development charges/fees are lawful, other charges exceed the Authority's power under Section 15(2-A) of the U.P. Urban Planning and Development Act, 1973. The State cannot authorize unauthorized levies under Section 41, which grants only supervisory powers. The Court confirmed the refund order requiring payment of collected unauthorized amounts with 6% interest per annum within twelve months, after adjusting valid development charges.

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Administrative Law Statutory Interpretation Development Authority Tax/Levy Law Constitutional Law - Article 265 Urban Planning Refund of Illegal Collections

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