- (1.) M. Katju, J. By means of this writ petition the petitioner has challenged the impugned demand notice dated 4-7- 2001 Annexure-10 to the writ petition.
(2.) WE have heard the learned Counsel for the parties. Several demands made in the impugned notice are illegal as held by this Court in Civil Misc. Writ Petition No. 47222 of 2002, Shaukat Ali v. Allahabad Development Authority, decided on 1-7-2003. Hence following the aforesaid decision those demands are all quashed. However, there is one demand, namely, storm water drain charge which is not mentioned in Shaukat Ali's case (supra) and hence we have to adjudicate whether this charge is valid.
(3.) IT may be mentioned that there is no statutory provision for levying storm water drain charge. As held in Shaukat Ali's case (supra) unless there is a statutory provision no charge can be levied by the Development Authority. Under Section 15 (2-A) the charges which the Development Authority can levy are only development fees, mutation charges, stacking fees and water charges. Section 15 (2-A) states : "the authority shall be entitled to levy development fees, mutation charges, stacking fees and water fees in such manner and at such rates as may be prescribed : Provided that the amount of stacking fees levied in respect of an area which is not being developed or has not been developed, by the authority, shall be transferred to the local authority within whose local limits such area is situated. ";