THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 4550 of 2009 O r d e r: Aggrieved by the action of the respondents in not extending the benefit of G.O. Ms. Nos. 38 and 39, dated 20.01.2009, with regard to payment of City Level Infrastructure Impact fee to the notified commercial roads, the petitioner filed the present writ petition. The petitioner, which is a proprietary concern, is engaged in the business of construction of residential and commercial buildings, and its construction is mostly in the areas within the city in the notified commercial roads. The petitioner states that for the purpose of obtaining permission, it is required to pay fee for sanctioned plan as also city level infrastructure impact fee. The Government issued Revised Common Building Rules to Urban Development Authorities, Municipal Corporations and Municipalities in the State, whereunder the builders are required to pay city level infrastructure impact fee for all the buildings of height above 15 metres to ensure development of city level infrastructure facilities. While so, the petitioner states that owing to recession in the real estate market, several builders engaged in construction activity, made representations to the Government requesting them to allow them to pay the city level infrastructure impact fee in quarterly instalments. Considering the said representations, the Government decided to provide certain concessions in payment of city level infrastructure fee by way of deferred payment for a period of one year, and accordingly issued G.O. Ms. Nos. 38 and 39, dated 20.01.2009, permitting payment of city/town level infrastructure impact fee in six equal instalments within a period of three years and to obtain post-dated cheques for the said payments at the time of release of building permission subject to insisting of mortgage of additional 5% built up area or 50% of the ground/first/second floor area, whichever is less to the sanctioning authority, which shall be over and above the area to be mortgaged under G.O. Ms. No. 86, dated 03.03.3006. On coming to know about this, the petitioner states that it made a representation dated 11.02.2009 to the Government requesting them to extend the benefit of the aforementioned G.Os., and permit them to pay the city level infrastructure impact fee in six instalments within a period of three years for the areas within the city for the notified commercial roads also. It is the grievance of the petitioner that the respondents have neither considered and passed orders on its representation nor extended the benefit of the above G.Os., and hence, the petitioner seeks directions to the respondents to extend the benefit of the above G.Os. to it. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Owing to recession in the real estate sector, as the builders were finding it difficult to pool up money for taking up large townships, and pay the city level infrastructure impact fee, for obtaining the permissions, they made representations to the Government requesting them to defer the payment of city level infrastructure impact fee. Considering the financial difficulties being faced by the builders, which has resulted in their not taking up construction activity of housing, which in turn is resulting in shortage of houses, leading to price rise of the dwelling houses, the Government, so as to encourage housing activity and arrest the price rise of the dwelling units, issued orders in G.O. Ms. Nos. 38 and 39 dated 20.01.2009, deferring the payment of city level infrastructure impact fee, and permitting the builders to pay the same in six equal instalments within a period of three years, and made the said facility applicable for a period of one year and to all new applications and to pending applications also, where applicants have not paid the city level infrastructure impact fee. Admittedly, the benefit of deferred payment of city level infrastructure fee, was given only to builders engaged in construction of mega townships/housing schemes and not to persons/organizations, engaged in other activities. The said benefit, as can be seen from the G.Os., has been issued to arrest the price rise of the dwelling units because of shortage of houses in urban areas. The petitioner, though is engaged in development of infrastructure, the fact remains, he is engaged in construction of notified commercial roads, and directly not engaged in construction of mega townships/housing activity, for whose benefit the benefit of deferred payment of city level infrastructure impact fee, has been issued by the Government in the G.Os. Whether the petitioner should be extended the benefit of deferred payment city level infrastructure impact fee, as given to the persons/organizations engaged in construction activity of housing or not, is a policy matter, the decision on which, has to be taken by the Government, and this Court in exercise of its jurisdiction cannot direct the Government to extend the benefit to the petitioner, who is engaged in construction of notified commercial roads. In fact, even the petitioner, as a matter of right, cannot contend that the Government should extend the benefit of deferred payment of city level infrastructure impact fee, to the petitioner also, particularly when the activity being undertaken by the petitioner, is indirectly related to development of infrastructure, by way of providing roads to the townships/housing activity etc. At any rate, it is for the Government to consider whether or not to extend the benefit of deferred payment of city level infrastructure. Admittedly, the petitioner has made representation only on 11.02.2009 and without even waiting for some time, has rushed to this Court. Since the petitioner has already made representation, it is for the respondent-Government to consider the same and pass appropriate orders thereon. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 17th March, 2009 KSR