Ghaziabad: In a large setback for the Ghaziabad Development Authority (GDA), the High Court of Allahabad has rejected his petitions who are looking for a review of February order which is considered illegal at the request of the Authority for Metro Cess and Road Cess from Raj Nagar extension developers.
Basically, it means that GDA can no longer impose two Cesss on new projects in Raj Nagar’s extension and must return an additional amount taken from several developers of the area.
GDA, however, has a legal option to move the Supreme Court to the Sunita Agarwal High Court Division bench and Justice Vipin Chandra Dixit who rejected his review petition on August 11.
Development Authority began to fill Rs 750 per SQM as Metro Cess and raised the CESS road in 2015, and so far it was gathered close to Rs 450 Crore from the Developer of Raj Nagar’s extension.
The fight GDA is that since RNE residents stood up to benefit from high Hindon roads and Dilshad Garden-New ADDA Metro projects, in their rights to impose two Cesss.
However, the High Court in February this year was controlled in support of the 27 developer consortium – Raj Nagar Extension N.H.58 The developer association – was that it had challenged the decision of GDA to impose an additional amount.
“The consortium archived this case in 2017, and the verdict came after almost four years,” said Gaurav Gupta, President of Chapter Ghaziabad Credai.
RNE developers argue in court that the Metro and the roads that are elevated are for everyone, “so why only RNE builders are made to pay”.
GDA, in its part, said that the two projects cost the authority of RS 3,000 Crore and also have to take RS 800 Crore loans from the NCR planning board for high road projects.
“While the road that has been elevated by Hindon has offered direct connectivity to RNE, Hindon Metro Station is planned for the purposes of RNE,” said Asheesh Shivpuri, head of the city architect and planner, GDA.
“Because RNE is a direct beneficiary to these two projects, we are advised to impose two Cesss on the developer of the area.
In addition, the two projects trigger property sales in the city.
The court decision on us, we have not spent our legal options,” he added.