Ved Prakash Vaish, J. - (1.) By way of the present petition, the petitioner seeks quashing of the impugned order of recovery dated 19th July, 2008 passed by respondent No.2, whereby the respondent No.2 directed the petitioner to deposit external development charges amounting to Rs.2,61,84,771.00/- till 31st July, 2008 at the rate of Rs.400/- per square meter. The petitioner also seeks quashing of the order dated 30th September, 2007 and Resolution dated 3rd June, 2006; and for a direction to the respondents to approve the project Talpat Manchitra of Greenwood City ignoring the Resolution dated 3rd June, 2006.
(2.) Briefly, the facts as stated in the petition are that the petitioner preferred an application under Section 14 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as 'the said Act') regarding approval of their project, namely, Talpat Manchitra of Greenwood City situated at By-pass Chauraha, Bagpat Road, Meerut. The respondent No.2 informed the petitioner that Talpat Manchitra/ Maps relating to the plots of Greenwood City had been approved with certain conditions as mentioned in their letter dated 26th September, 2007.
(3.) It is stated that before 1997, there was no provision under the said Act for the imposition of any development fee and only provision for collection and levy cess under the said Act was Section 33, under which the Authority has to provide an amenity and carry out development, and thereafter to recover the cost of the same from the owner. It is also stated that Section 35 of the said Act provides that if under the opinion of the Authority as a consequence to any development scheme having been executed by the Authority in any development area, the value of any property in that area, which has been benefited by the development has increased or will increase, the Authority was entitled to levy upon the owner of the property a betterment charge in respect of increase of the value of the property resulting from the execution of the development.;