VidhiSangh

Supreme Court of India · 28/04/2023

MATHURA VRINDAVAN DEVELOPMENT AUTHORITY & ANOTHER versus RAJESH SHARMA AND OTHERS

[2023] 4 S.C.R. 899 · 2023 INSC 448

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Summary

The Court upheld statutory development fees but rejected additional planning-authority levies lacking legislative authority. The State’s supervisory directions under section 41 could not create new charges beyond section 15(2-A). Refund with 6% interest was ordered for the successful challengers, subject to adjustment of lawful charges and express limits on the beneficiaries. Betterment charges were left unexamined.

Issues

  1. Whether development fees and additional inspection, supervision, subdivision and impact charges were authorised.
  2. Whether State directions under section 41 could supply authority for otherwise unauthorised levies.
  3. What refund relief should follow.

Provisions considered

Held

Result

Appeals disposed of without costs: development fees upheld, unauthorised additional demands set aside, and limited refunds with 6% interest directed within twelve months.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 899.