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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.

Learned counsel for the Gorakhpur Development Authority has tried to justify the levy of Impact Fee, with reference to the powers vested under Section 38-A of Act, 1973, which talks of City Development Charges. The levy and collection of the said charges can only be at such rates, as may be prescribed. The prescription can be by statutory rules only, as held above. Therefore, in absence of rules having been framed, the demand of Impact Fee under Section 38-A of Act, 1973 cannot be legally sustained.

(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.
(c) We also hold that the demand of sub-division charges, compounding fee for sub-division, as wholly illegal and the Building Bye-Laws framed in that regard need not be given effect to. The Development Authorities must insist for open space being left in accordance with the Building Bye-Laws instead of charging money for violation thereof.
(d) Demand of permit fee, supervision fee, inspection fee, park fee, impact fee, labour cess is held to be illegal, as not contemplated by any of the provision of Act, 1973.