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Hon'ble Anjani Kumar Mishra,J.

The above mentioned writ petitions have been filed challenging the orders of the various Development Authorities constituted under Section 4 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the "Act, 1973") demanding (a) External development fee (b) Internal development fee (c )Sub-division charges (d) park fee (e) compounding fee in respect of sub-division charges, (f) inspection/ supervision charges, (g) labour cess, (h) bank guarantee for the value of the cost of the land and the constructions which are required to be raised by a developer of more than 3000 sq. meters of land and above, under the Government Order dated 26.9.2011 (k) bank guarantee for rain water harvesting system to be installed in the buildings and lastly (l) Impact fee, which is being demanded by the Gorakhpur Development Authority only.

The petitioners question the levy of external development fee, internal development fee, referable to Section 15(2-A) of Act, 1973.

The other fees, which are questioned in the present writ petitions, namely, the sub division charges, the compounding fees in respect of the sub-division, supervision fee and inspection fees, are not covered by Section 15(2-A) of the Act, 1973.

In addition to the above, there is a challenge to the demand of bank guarantee for the value of the land and the constructions required to be raised qua the houses for the economically weaker section and lower income group persons as also to the demand of bank guarantee for the rain water harvesting system which is to be provided in terms of and under the Government Order issued on the subject, in new buildings to be constructed.

22. That the demand for levying of the external Development Fee from the petitioner has been raised on the basis of the computation arrived at by the Development Authority in its 105th Board meeting dated 22.12.2011, whereby previous decision of the Respondent Authority contained in the Board meeting dated 05.04.2008 has been revised. Copies of the agenda and resolution/decision of the Respondent Authority in its Board meeting dated 22.12.2011 are enclosed herewith and is marked collectively as Annexure.SCA-8 to this Short Counter Affidavit. This decision of the Respondent Authority is clearly referable to Clause 3.1.4 of the Bye-Laws.
(a) We hold that the development fee both external and internal as well as city development charges/impact fee cannot be levied or collected by the Development Authorities, so long as statutory rules in exercise of powers under Section 15 (2-A)/38-A of Act, 1973 are not framed.
(b) We direct that henceforth the Development Authorities shall not levy or collect any development fee both external and internal as well as city development charges/impact fee until statutory rules as required are framed.