IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1425 of 2011
In
Civil Writ Jurisdiction Case No. 12774 of 2002
With
Interlocutory Application No. 6830 of 2011
With
Interlocutory Application No. 6831 of 2011
In
Letters Patent Appeal No.1425 of 2011
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1. Patna Regional Development Authority through its Vice Chairman,
Mauryalok, Patna.
2. Vice Chairman, Regional Development Authority, Mauryalok, Patna.
3. Assistant Engineer, Patna Regional Development Authority, Mauryalok,
Patna.
4. Patna Municipal Corporation through its Municipal Commissioner,
Maurylok, Patna.
.... .... Respondents-Appellants
Versus
1. Ajit Sinha, Advocate S/o Late Lalit Bihari Sinha 14 A Patliputra Colony,
P.S. - Patliputra, District - Patna.
.... .... Writ Petitioner-Respondent
2. The State of Bihar through the Secretary, Urban Development
Department, Vikash Bhawan, Patna.
.... .... Respondent/Respondent
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Appearance :
For the Appellants : Mr. Y.V. Giri, Senior Advocate with
Mr. Sanjay Prakash Verma, Advocate
For the Respondents : Mr. Vikash Ratan Bharti, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
2 Patna High Court LPA No.1425 of 2011 (4) dt.16-11-2011
2/3
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4. 16-11-2011 This Appeal preferred under Clause 10 of the Letters
Patent seeks to challenge the judgment and order dated 10 th May
2010 passed by the learned single Judge in above C.W.J.C. No.
12774 of 2002.
The matter at issue is the amount of development cost
charged by the appellant Patna Regional Development Authority
for sanctioning building construction plans. In other words, the
building construction plans submitted for sanction are sanctioned
on condition of payment of the development cost of Rs.10,000/-
for one katha of land.
Undoubtedly, the appellant has the power to charge
development fee under Rule 3 of the Patna Regional Development
Authority (Miscellaneous-Fee To be Paid On Application For
Permission) Rules, 1978. The said Rule 3 also prescribes for the
quantum of development fees for residential building, commercial
building, public building, and industrial building. It is not in
dispute that in the instant case the Authority charges fee far greater
than the one prescribed under the aforesaid Rules. Challenge to the
charging of the development fee/cost at the rate higher than the
prescribed rate has been upheld by the learned single Judge on the
premise that the levy of such cost was not supported by statutory
authority.
We are in complete agreement with the learned single
Judge. No case for interference is made out.
It may also be noted that the Appeal is filed more
than a year after the expiration of period of limitation. The delay
has not been satisfactorily explained.
3 Patna High Court LPA No.1425 of 2011 (4) dt.16-11-2011
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For the aforesaid reasons, the Appeal and the
Interlocutory Applications are dismissed.
(R.M. Doshit, CJ)
(Birendra Prasad Verma, J)
Pawan/-