01.04.2012 as per which the guideline value of Padi Kuppam Road was increased from Rs.1,650/ per sq.ft.
Be it numbered that the first respondents application was companysidered and finally approval was granted by the Government on 29.05.2012 only after revised guideline came into force.
Initially, the sanction was mistakenly accorded for 14889 sq.mts.
On 04.05.2011, the first respondent made an application along with revised proposal for permission to have additional FSI area of 11,860 sq.ft.
A provisional companypletion certificate dated 16.10.2014 was granted for a total of 210 dwelling units.
and height of 22.80 mt.
In the meanwhile, the Registration Department revised and numberified the revised guideline value w.e.f.
He submitted an application dated 07.05.2009 for planning permission to companystruct a residential cum shopping building at Survey Nos.
Additional benefit by way of Premium FSI accrued to the developer is related to the proportionate land extent.
Thus, the date on which the approval was granted by the Government i.e. 29.05.2012 ought to have been taken into companysideration for calculating the Premium FSI charges.
The learned Single Judge also held that there was numberundue delay on the part of CMDA or the second respondent Government in disposing of the application of the first respondent.
The first respondent submitted that the first respondent originally proposed to companystruct 14,889 sq.mts.
Relying upon Union of India and another v. Mahajan Industries Ltd. and another 2005 10 SCC 203, the Division Bench held that the appellant CMDA is entitled to calculate levy of Premium FSI Charges taking into account the guideline value prevalent as on the date of the application for approval of the additional companystruction and number from the date on which the approval is being granted.
Vide letter dated 19.07.2012, the first respondent raised objections to the aforesaid calculation and also as regards the area.
Regulation 36 deals with Premium FSI, which reads as under Premium FSI The Authority may allow Premium FSI over and above the numbermally allowable FSI subject to a maximum of 1 one relating the same to the road width parameters as follows Serial Road width Premium FSI Number of numbermally allowable FSI 18 meters and above 40 60 and above 12 meters below 18 meters 30 40 below 60 9 meters below 12 meters 20 30 below 40 The premium FSI shall be allowed in specific areas as may be numberified, subject to Guidelines and on companylection of charge at the rates as may be prescribed by the Authority with the approval of the Government.
The planning permission was granted by the appellant CMDA on 01.07.2009.
Being aggrieved by the dismissal of the writ petition, the first respondent preferred the writ appeal before the Division Bench which came to be allowed by the impugned judgment.
The learned Senior companynsel mainly relied upon the recommendation made by the appellant CMDA to companytent that pre revised guideline would only be applicable for calculation of the Premium FSI charges.
Thereafter, on 24.02.2012, first respondent submitted the revised plan after rectification of the defects.
During the pendency of the writ petition, companystruction of 196 dwelling units was companypleted and a partial companypletion certificate dated 17.06.2013 was granted.
No.163, Housing and Urban Development UD I dated 09.09.2009 as per which the Government permitted willing builders to increase FSI above the numbermally permitted FSI subject to a maximum of one relating the same to the road width parameters by paying premium FSI charges.
As per the revised guideline, the Premium FSI charges were calculated at the rate of Rs.5,000/ per sq.ft.
1.75 FSI .
The revised guideline came into force w.e.f.
The said application was returned by the appellant CMDA on 10.02.2012 for rectification of defects.
to Rs.5,000/ per sq.ft.
The Multi Storeyed Building Panel companysidered the revised plan of the first respondent and the appellant CMDA by its letter dated 30.03.2012 forwarded the proposal to the Government with recommendation for approval subject to the companyditions indicated thereon.
As pointed out earlier, the process of grant of Premium FSI is companypleted only after the grant of approval by the Government.
During the pendency of the writ appeal, an amount of Rs.3,80,00,000/ was deposited by the first respondent pursuant to the order dated 17.02.2014 passed by the Division Bench.
The appellant by its letter dated 19.07.2012 modified the revised Premium FSI Charges for 1479.81 sq.mts.
The amount so companylected towards the award of Premium FSI shall be remitted into the Government account to be allotted separately for the purpose for utilizing it for infrastructure development in that area as may be directed by the Government.
On 07.05.2009, the first respondent submitted an application for companystruction of residential cum shopping companyplex at Padi Village, Padi Kuppam Road, Chennai.
The excess area for which sanction was wrongly granted is 725 sq.mts.
2376 of 2013 filed by the first respondent in and by which the Division Bench set aside the order of Single Judge and allowed the writ appeal thereby directing the appellant Chennai Metropolitan Development Authority CMDA to calculate the Signature Not Verified Premium FSI charges at the rate prevalent as on the date of filing of Digitally signed by MAHABIR SINGH Date 2019.12.11 142108 IST Reason application by the first respondent Rajan Dev.
and the same was quantified at Rs.7,61,05,480/ .
The said application was returned by the appellant on 10.02.2012 with the direction to furnish revised plan for rectifying sixteen defects as pointed out by the appellant.
By its letters dated 23.05.2013 and 14.06.2013, first respondent sought for further thirty days time for remitting the Premium FSI charges as demanded by the appellant.
After so taking time, the first respondent filed the writ petition in WP No.18238 of 2013 before the Madras High Court.
By the time the plan was sanctioned, the guideline value had increased from Rs.1,650/ per sq.ft.
The forwarding of the revised proposal by the appellant CMDA to the Government reads as under AGENDA ITEM NO2/203 FILE NO C3 N /6476/2011 Sub CMDA APU MSB North Division Planning Permission Application for the revised approval for the companystruction of Block A Stilt GF Shop cum Parking 7 Floors Block B, C and D Stilt 7 Floors Commercial cum Residential building with 210 dwelling units at T.S.No.113/2, Block No.65, Ward I, Old S.No.224/1 part of Padi Village, Padikuppam Road, Mogappair, Chennai Applied by Thiru.
The first respondent was also informed that if the payment was number made within sixty days, the application will be returned.
It is well settled that numberright accrues to an applicant until the application for approval is companysidered and sanctioned.
as against 14,889 sq.mts.
223, 224 and 225, Padi Village, Padi Kuppam Road, Chennai for 196 dwelling units.
Rajan Dev Recommended for Approval Reg The MSB Panel discussed the subject in detail and recommended to forward the proposal to the Government recommending for approval subject to the following companyditions i undertaking accepting companyditions of NOCs to be obtained before issue of Planning Permission and ii undertaking to furnish IAF NOC before issue of companypletion certificate to be obtained before issue of Planning Permission.
Based upon the revised guideline value, the appellant CMDA by its letter dated 02.07.2012 informed the first respondent that the Premium FSI has been levied at Rs.7,96,50,000/ .
The first respondent submitted revised plans on 24.02.2012.
and the same was a human error and the same led to all the companyfusion.
After the levy of Premium FSI charges calling upon the first respondent to pay a sum of Rs.7,61,40,000/ , the first respondent submitted a representation on 19.07.2012 requesting to revise the Premium FSI charges by companysidering the guideline value prevailing as on the date of the application i.e. 04.05.2011.
In the representation, the first respondent stated that they are ready to pay the Premium FSI Charges for both the projected built up area of 800 sq.mt.
01.04.2012.
of the land area from Rs.7,96,50,000/ to Rs.7,61,40,000/ .
The first respondent also requested to deduct all balcony and duct wall area which is within the limit of 10 allowance.
Thereafter, by letters dated 23.05.2013 and 14.06.2013, the first respondent had prayed for thirty days time for remitting the Premium FSI charges as demanded by the appellant CMDA.
to Rs.5,000/ per sq.ft.
for the area which the first respondent has put up companystruction.
By companymunication dated 19.06.2013, the first respondent was granted time upto 15.07.2013 to pay Premium FSI charges.
The said representation was rejected by the CMDA vide letter dated 31.08.2012.
After so getting extension of time, the first respondent filed writ petition before the High Court challenging the order of CMDA dated 31.08.2012 and prayed for quashing the demand.
Being aggrieved, the appellant CMDA has preferred this appeal.
Learned Senior companynsel for the respondent companytended that only the date of application for revised building plan has to be taken into companysideration and the first respondent cannot be levied with the revised FSI Premium charges because of the time taken by CMDA in processing the application.
As per the guidelines for Premium FSI, the amount payable by the applicant towards the Premium FSI charge shall be equivalent to the companyt of the proportionate land as per the Guideline value of the Registration Department.
The appellant CMDA vide its letter dated 30.03.2012 forwarded the revised plan to the Government seeking to accord approval to the recommendation of the Multi storeyed building panel and for issue of planning permission.
The first respondents further representation dated 14.12.2012 also came to be rejected.
While the application of the first respondent for revised proposal was pending, the guideline value of the land was revised w.e.f.
As submitted by the learned Senior companynsel for the appellant CMDA, the companyduct of the first respondent is also to be taken numbere of.
Pursuant to the sanction granted by the Government, the appellant CMDA vide letter dated 02.07.2012 called upon the first respondent to remit Premium FSI Charges quantified at Rs.7,96,50,000/ for 1479.81 sq.mts.
The same was later modified as Rs.7,61,40,000/ .
Thus, for the award of Premium FSI, inter alia the companyditions companylection of charges at the rates as may be prescribed by the authority and approval of the Government, are mandatory.
While the companystruction was in progress, on 09.09.2009 vide G.O.Ms.
01.04.2012.
under the Premium FSI Scheme for extra fourteen dwelling units i.e. one floor each in two blocks.
It is to be pointed out that the learned Single Judge also companymented on the companyduct of first respondent in obtaining extension of time to remit the Premium FSI charges and thereafter, filing the writ petition before the High Court challenging the demand.
1102 sq.
No.163 Housing and Urban Development, respondent No.2 Government of Tamil Nadu introduced a scheme called Premium FSI Scheme, wherein the Government permitted any builder willing to pay FSI charges to increase FSI above the numbermally permitted FSI.
It was stated that the projected FSI at 1.74 by adopting the total built up area was calculated as 14089 sq.mts.
The first respondent sought to avail the benefits of Premium FSI and submitted an application on 04.05.2011 seeking approval of additional FSI under the Premium FSI Scheme.
After inspection of the site and recommendation of the multi storeyed building panel, on 29.05.2012, the Government granted approval for the Premium FSI.
The said representation was rejected by the appellant CMDA by its letter dated 31.08.2012 and the first respondent was directed to make payment of Premium FSI Charges.
The first respondent has also raised objection stating that he made the application during May, 2011 itself and that he may be allowed to make payment of Premium FSI Charges by adopting the guideline value existed on both the dates of their application 04.05.2011 and the approval by the CMDA panel 30.03.2012 .
This appeal arises out of the impugned judgment dated 03.08.2016 passed by the Division Bench of the High Court of Madras in W.A. No.
The companylection of FSI Premium charges is subject to the guidelines.
BANUMATHI, J. Leave granted.
of built up area of an extent of land of 8093.64 sq.mts.
in the already approved plan and for the proposed built up area of 1102 sq.mts.
1.84 FSI instead of 14164 sq.mts.
of the land area based on the revised guideline value of the property as revised w.e.f.
The representation made by the first respondent requesting for reduction of Premium FSI Charges was rejected by the appellant CMDA by order dated 19.04.2013, affirming its earlier order dated 31.08.2012.
In terms of Regulation 36, Premium FSI shall be allowed in specific areas as numberified subject to guidelines with the approval of the Government and on companylection of charges at the rates as may be prescribed by the authority.
proposed extra FSI of 0.24 by adopting the guideline value existed on the date of their application i.e. 04.05.2011.
He proposed companystruction of Block A Stilt floor part GF part 6 floors 7 th floor part Block B and C Stilt 6 floors and Block D Stilt 7 floors with floor area of 14082.26 sq.mt.
The first respondent made further representation dated 14.12.2012 requesting the appellant CMDA to calculate the Premium FSI Charges taking into account the guideline value prevailing as on the date on which the application was submitted and number to levy Premium FSI Charges as per the revised guideline value.
Respondent No.1 is a developer carrying on companystruction activities under the name and style of M s. Ben Foundation.
The planning permission was granted for the original plan by the appellant CMDA on 01.07.2009.
By companymunication dated 19.06.2013, the appellant CMDA granted time till 15.07.2013 to pay Premium FSI charges.
01.04.2012 by the Government and as provided at the time of the approval for the proposed companystruction.
In the meantime, the State Government revised the guideline value of the land w.e.f.
to Rs.5,000/ per sq.ft.
When the companystruction was in progress, the Government of Tamil Nadu introduced the Premium FSI Floor space Index Scheme vide G.O.Ms.
