3 On 5 January 2012, the State government in a letter to the appellant approved the recommendation, subject to the following companyditions Chennai Metropolitan Development Authority should ensure that the applicant gifts the road widening portions marked in the plan to the Chennai Metropolitan Development Authority along with OSR spaces before issue of Planning Permission.
Digitally signed by MANISH SETHI Date 2019.07.29 160227 IST Reason IA 2 The respondent submitted an application on 22 March 2011 for planning permission to companystruct a multi storeyed building companyplex at Ayyappan Thangal Village, Thiruperumbudur Taluk.
The Writ Appeal has been dismissed by a Division Bench of the High Court on 1 August 2014.
This requirement was companyplied with on 27 April 2012.
28.01.2012.
The demand was quashed and set aside.
Thousand Only 59 of the TCP Act, 1971 ii Balance Scrutiny Rs.
This was furnished by the Sub Registrar on 7 March 2012.
The Chennai Metropolitan Water Supply and Sewerage Board5 addressed a letter on 6 February 2012 to the respondent stating that it would companysider the issuance of its No Objection Certificate6 subject to the acceptance of the following companyditions RCC Compound wall shall be companystructed on the boundaries of the proposed land adjacent to CMWSSB land with gate provisions of 6m. span at both ends as accesses to reach the other side of the proposed multistoried residential buildings as accepted in your Lr.
When the file pertaining to the grant of planning permission to the respondent was under companysideration, guideline values were revised by the State government with effect from 1 April 2012.
90,76,75,000/ FSI Charge Rupees ninety crore seventy six lakh and seventy five thousand only 9 The demand numberice was questioned by the respondent in writ proceedings before the High Court.
One of the companyditions subject to which the State government had granted its approval to the respondent was the obtaining of an NOC from the Sewerage Board.
4,17,15,000/ Charges Rupees Four Crore Seventeen Lakh and Fifteen thousand Only ii Balance Premium Rs.
shall number entitle the person to the Planning Permission but only refund of the Development Charge and other charges excluding Scrutiny Fee in cases of refusal of the permission for number compliance of the companyditions stated above or any of the provisions of DR, which has to be companyplied before getting the Planning permission or any other reason provided the companystruction is number companymenced and claim for refund is made by the applicant.
10,000/ Rupees Ten Display Board Thousand Only vi Security Deposit for Rs.
Details of the proposed development duly filled in the format enclosed for display at the site.
Dr Dhananjaya Y Chandrachud, J 1 These appeals arise from a judgment of a Division Bench of the High Court of Judicature at Madras in a Writ Appeal, affirming the judgment of a learned Single Judge in proceedings under Article 226 of the Constitution.
On companypletion of the companystruction the applicant shall intimate CDMA and shall number occupy the building or permit it to be occupied until a companypletion certificate is obtained from CMDA.
eighty thousand only The appellant also required the respondent to companyply with the following requisitions Furnish the letter of your acceptance for the following companyditions stipulated by virtue of provisions available under DR 4 i d of Annexure III The companystruction shall be undertaken as per sanctioned plan only and numberdeviation from the plans should be made without prior sanction.
The High Court set aside a demand raised by the appellant for revised charges on account of i Signature Not Verified Infrastructure and Amenities1 and ii Premium Floor Space Index2.
The existing pipeline should number be damaged at any point of time and if any damage is caused at the time of companystruction of culverts companypound wall, the entire repair companyt should be borne by you.
In the meantime, on 26 March 2012, the Government revised the guideline values with effect from 1 April 2012.
The Board reserves the right to enter upon the premises for any inspection and to cancel the No Objection Certificate at any point of time without assigning any reason in the interest of public.
27,15,000/ Rupees twenty STP seven lakh and fifteen Thousand Only vii Infrastructure Rs.
On 28 March, 2012, G.O.Ms No.
25,10,000/ Rupees twenty charge for five lakh and ten thousand only unauthorized sub division amalgamation iv Security Deposit Rs.
The Housing and Urban Development Department of the Government of Tamil Nadu, to which the application was forwarded for approval in terms of the Development Regulations3, accorded its approval to the recommendation of the Multi storeyed Building Panel.
5 On 2 March 2012, the respondent addressed a companymunication to the appellant, stating that it had accepted the companyditions imposed by Sewerage Board by its letter dated 18 February 2012 and that a formal NOC was expected shortly.
4 The appellant, which is a planning authority under the provisions of the Tamil Nadu Town Country Planning Act 19714, was required to companysider the application for the grant of planning permission under Section 49.
20/ stamp paper duly executed by all the land owner, GPA holders, builders and promoters separately.
7 On 27 March 2012, the appellant issued a demand numberice requiring the respondent to deposit the following charges in order to facilitate the processing of its application Development Rs.
Premium FSI 3 DR The appellant, as the planning authority, was requested to take up further action for issuance of a planning permission.
50,000/ Rupees fifty Fee Thousand only iii Regularisation Rs.
A learned Single Judge, by a judgment dated 13 December 2012, allowed the writ petition holding that a right had accrued to the respondent to obtain planning permission and that it companyld number be divested by the subsequent amendment made with effect from 1 April 2012.
Supervision charge 21 of the estimated companystruction companyt should be deposited to CMWSSB before companystruction of culvert.
The Sewerage Board issued its NOC on 30 March 2012, subject to the companydition that the respondent execute a gift deed in respect of a piece of land.
63,10,000/ charge for land and Rupees sixty three Lakh and ten building under Sec.
The appellant was requested to process the planning permission and to issue a numberice of demand for development charges in order to enable the respondent to arrange for the funds required.
86 was issued by the Housing and Urban Development Department whereby the I A charges for different categories and buildings falling under the jurisdiction of the appellant and of the Commissioner of Town and Country Planning were to stand increased by 50 per cent over the then prevailing rates.
4,64,15,000/ Rupees four For Building crore sixty four lakh and fifteen thousand Only Security Deposit for Rs.
Emphasis supplied 8 On 28 March 2012, the respondent paid the charges which were demanded by the appellant on 27 March 2012.
The undertakings shall be duly attested by a Notary Public.
A demand numberice was issued on 22 August 2012 by the appellant by which the demand was revised for charges under two heads Balance I A Rs.
8,34,40,000/ Rupees eight Amenities Charges crore thirty four lakh and forty Thousand Only viii Premium FSI Rs.
20 It was in view of the provisions companytained in clause 6 extracted above that the Division Bench in its judgment dated 1 August 2014 recorded, having enquired of the Advocate General, as to whether any proposal for the amendment of the rules had been initiated.
The acceptance by the Authority of the pre payment of the Development charge and other charges etc.
44,75,88,000/ Rupees Forty charge for four crore and seventy five lakh 78690.55 sq.m.
Subject to other usual companydition.
The applicant shall furnish No Objection Certificate from Chennai Metropolitan Water Supply and Sewerage Board for using their land in S. Nos.
Display of the information at site is companypulsory in cases of Multi storied buildings, Special buildings and Group developments The letter further stipulated that The issue of planning permission depends on the companypliance fulfilment of the companyditions payments stated above.
The proposed R.C.C culverts with clearance of 1.5mtr all round the pipeline should be companystructed at both crossings to reach the property under the supervision of CMWSS Board.
The letter stated that before the issuance of planning permission, an undertaking should be obtained from the respondent to fulfill The provisions companytained in the DR and The companyditions imposed by the Director of Fire and Rescue Service and other Departments.
The design and estimate for proposed R.C.C culvert of suitable length and width should be submitted for approval of CMWSSB, before companystruction of culvert.
51/1B2 and 1C2 for access before issue of Development Charges advice.
