Andhra Pradesh Urban Areas (Development) (Amendment) Act, 20031
| [Andhra Pradesh Act No. 15 of 2003] | [22nd October, 2003] |
An Act Further to Amend the Andhra Pradesh Urban Areas (Development) Act, 1975
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-fourth Year of the Republic of India as follows:
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 22nd October, 2003 and the said assent is hereby first published on the 24th October, 2003 in the Andhra Pradesh Gazette for general information:-
STATEMENT OF OBJECTS AND REASONS
According to first proviso to Sub-section (2) of Section 28 of the Andhra Pradesh Urban Areas (Development) Act, 1975, as amended by Act 13 of 1996 the development charges may be levied at different rules Tor different institutions of use as may be prescribed from time to time to which the land, or as the case may be the building is used. In pursuance of the aforesaid provision Government have framed rules in G.O.Ms. No. 51, M.A. & U.D. (M.A.) dated 05-02-1996 prescribing development charges.
The said amendment and the rules issued thereunder has been challenged by the Siddhartha Academy of General and Technical Education, Vijayawada in High Court in W.P. No. 3443/97 and the High Court of Andhra Pradesh relying on the judgment of the Supreme Court in Corporation of Calcutta v. Liberty Cinema, (AIR 1965 SC 1107
) has struck down the said provision as void and Ultra Vires on the ground that section 28 of the said Act has been amended, without fixing any maximum limit in the said section.To over come the aforesaid difficulty, Government have decided amend section 28 of the said Act suitably and also to validate the levy and collection of the development charges made in accordance with the rules issued in G.O.Ms. No. 51, M.A. & U.D. (M.A.) Dated 05-02-1996.
As the Legislative Assembly was not them in session having been prorogued and to give effect to the above decision the Andhra Pradesh Urban Areas (Development) (Amendment) Ordinance 2003 (Andhra Pradesh Ordinance 6 of 2003) has been promulgated by the Governor on the 7th August, 2003.
This Bill seeks to replace the said Ordinance.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Urban Areas (Development) (Amendment) Act, 2003.
(2) It shall be deemed to have come into force with effect from the 5th February, 1996.
2. Amendment of section 28.- In the Andhra Pradesh Urban Areas (Development) Act, 1975 (Act 1 of 1975) in section 28, in sub-section (2), for the first proviso, the following proviso shall be substituted, namely:-
"Provided that such rates of development charges shall not exceed rupees one hundred and twenty five per square meter in the case of development of land and rupees forty per square meter in the case of development of building."
3. Validation.- Notwithstanding any thing contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, the notification issued in G.O.Ms. No. 51 M.A. & U.D. Department, dated the 5th February, 1996 under sub-section (1) of section 58 of the Andhra Pradesh Urban Areas (Development) Act, 1975 amending the Urban Development Authority (Hyderabad) Rules, 1975 as it stood immediately before the commencement of the Andhra Pradesh Urban Areas (Development) (Amendment) Act, 2003 fixing and collecting of the development charges, shall be and shall he deemed always to have been, validly issued under the provisions of the principal Act as amended by the Andhra Pradesh Urban Areas (Development) (Amendment) Act, 2003 and accordingly:-
(a) all acts, proceedings or things done or taken by the State Government or by any officer of the State Government by any other authority in connection with the levy and collection of such development charges shall for all purposes be deemed to be, and to have always been, done or taken in accordance with law.
(b) no suit or other proceedings shall be instituted maintained or continued in any Court, Tribunal or before any authority for the refund of any such development charges; and
(c) no Court shall enforce any decree or order directing the refund of any such development charges.
4. Repeal or Ordinance 6 of 2003.- The Andhra Pradesh Urban Areas (Development) (Amendment) Ordinance, 2003 is hereby repealed.