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"It is now well settled principle of law that the regulatory powers are generally to be widely construed. However, empowering the State Government to impose taxes, fees or duties and such demands must be authorised by the Statute and must contain sufficient guidelines."

In the present matter under the MRTP Act, State is empowered to appoint authority under the Act and to form/pass regulations to be followed by authority.

26. In the matter of Amit Maru (supra), it is held that the premium levied is ex facie not a "regulatory fee". The premium is not for the purpose of meeting the costs or expenses of administering the regulation. The costs or expenses of administering regulation cannot vary according to the value of the land/location. As per the impugned notification, the premium is not for meeting the costs or expenses of administering the regulations. Charging a premium to raise funds for implementation of development plan and for creating infrastructure is clearly beyond the permissible scope/purpose of KHUNTE/B.T.Khapekar WP-4828 of 2022-J.odt regulatory fee i.e. to meet the costs and expenses of administering the regulation, if that can be urged. In the said matter neither aspect of agreement entered into by the party was in question. The essential element of quid pro quo also involved in the present subject matter, as the payment for infrastructure development fees recovered for providing infrastructure facilities i.e. in the public interest such as road, water, electricity, transport etc. Moreover, once the petitioner entered into an agreement and also gave undertaking that he will bear the costs of laying water pipeline for the purpose of drinking water to the plot holders at the time of getting plan sanctioned and subsequently it is not permitted to challenge the same as violative of Article 265 of the Constitution of India.

33. The contention of the respondent(s) is that, the demand was issued with respect to the plots for which the permission was sought under Section 44 of the MRTP Act and not on the entire plots in the township, which is almost 111 acres. The petitioner till today has neither challenged any condition of development agreement executed with respondent- authorities. The petitioner himself applied under Section 44 of the MRTP Act for grant of permission, which comes under the purview of UDCPR-2020. The infrastructure development charges, which is meant for peripheral development i.e. offsite development, which includes construction of roads, sewage treatment plant, water supply, storm drain line, water pipeline, road transportation and other infrastructure facilities in the interest of public at large which is already agreed by the petitioner at the time of sanction of the plan. There are conditions in the development agreement which read as under:-

37. As entered into terms and conditions of the Development Agreement dated 18/06/2012, 01/08/2012, 21/07/2022 and consented for the payment of peripheral development charges/ infrastructure cost, the petitioner has no right to challenge the infrastructure development charges. If it is a policy decision of the Government at the instance of individual, it cannot be superseded. Moreover, it has backing of law.

38. The learned counsel for the respondent nos. 2 and 3 relied on Janhit Manch V/s. State & ors. {2019 SCC 505) wherein, in para 13, the Hon'ble Apex Court held as under:-

44. In the present matter, the payment for infrastructure development facilities recovered for providing infrastructure facilities is in the public interest. Moreover, the petitioner has already entered into the Development Agreement with the Planning Authorities vide Agreements dated 18/06/2012, 01/08/2014 and 21/07/2022 and consented to pay peripheral development charges/infrastructure cost. KHUNTE/B.T.Khapekar WP-4828 of 2022-J.odt Accordingly, the affidavits and undertaking were also submitted while getting plans sanctioned. As such, it is not open to challenge the same on the ground of violation of Article 265 of the Constitution of India.