HC upholds validity of Impact Fee

The petitioner had contended that the state government had brought into practice a similar law in 2001 to ratify the illegal constructions. And when that act was challenged at the HC,the state government had stated on oath that it was a “one time measure” order to give benefit to the people of Gujarat by regularising the unauthorised constructions,which were existing at that point in time and with a view to avoid demolition of illegal structures then.

It was also argued by the petitioner that despite introduction of the Impact Fee law in 2001,regularisation was not resorted to by most builders/owners/occupiers of the illegal and unauthorised constructions and even thereafter there were rampant and innumerable illegal and unauthorised constructions coming up in Gujarat. And these constructions were within the knowledge of the competent authorities and probably existed and came up because of the collusion with the officers of the concerned local authorities in the state.

The petitioner had contended that the inaction by the authorities had given rise to continuing illegalities and clear defiance of the directions by the builders,developers,owners,occupiers,etc. who were intentionally and blatantly defying the directions issued by the HC at the cost of law abiding citizens.

The government had defended the latest law saying the effect of the first law was minimal. “…though the state had intended to treat the enactment of 2001 as one-time measure so as to give an opportunity to all the concerned once for getting their unauthorised development regularised,in effect and reality,it did not work as one-time measure. For all practical purposes,the effect of the enactment of the Act of 2001 was very minimal,” the government had said in an affidavit.