M.C. Tripathi, J. - (1.) Lavelesh Kumar Mishra and two others are before this Court for following reliefs:- I. Issue a writ, order or direction in the nature of certiorari quashing the demand notices dated 10.07.2015, 28.02.2015 and 06.05.2015 (Annexure Nos.3, 4 & 5 respectively to the writ petition) issued to the petitioners by the Assistant Engineer (Respondent No.4) so far it relates to demanding Subdivision Charge, Internal Development Charge, F.A.R. Charge/ City Development Charge (Purchasable F.A.R. Charge) from the petitioners. II. Issue a writ, order or direction in the nature of mandamus commanding the respondents to release the sanctioned map and building permit to the petitioners on deposit of other fees and charges demanded through aforesaid demand notices other than Subdivision charge, Internal development charge, F.A.R. Charge/ City Development Charge (purchasable F.A.R. Charge). III. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful construction of the group housing building by the petitioners in pursuance of the sanctioned plan and building permit aforesaid in accordance with law in any manner.
(2.) The Varanasi Development Authority, Varanasi (in short VDA ) is a development authority declared under Section 4 of the Uttar Pradesh Urban Planning and Development Act, 1973 (in short the Act of 1973 ) and was notified in exercise of power under Section 3 of the Act of 1973 by the State Government by Gazette Notification dated 20th August, 1974. All the petitioners had filed plans for grant of sanction under Section 14 of the Act of 1973. The demand has been made by VDA to deposit the fees under various heads.
(3.) It is relevant to indicate that the State of U.P. had also issued model bye-laws, which was adopted by most of the development authorities including VDA, which is known as 'Development Authority Building Construction and Development Bye-laws, 2008 (in short Bye-laws of 2008 ). Clause 1.2.15 (X) of Bye-laws of 2008 defines Group Housing and provides the criteria, which may determine a building as Group Housing. The details regarding the Group Housing are mentioned in Clause 3.3, whereby minimum area should not be less than 2000 sq. mtr. It also provides the standard of road, park and Floor Area Ratio (FAR). Clause 3.3.6 (III) provides that for a new/undeveloped area, permissible FAR is 2.5 times, whereas in the built up/ developed area the permissible limit of FAR is 1.5 times. It is further relevant to indicate Clause 2.4.2 (II) of the Buy-laws of 2008, which provides that for a group housing in new/ undeveloped area 200 dwelling units per hect. are permissible and 150 dwelling units are permissible in developed area.;