They were asked to deposit specified sums towards IDC payable to the Sewerage Board by CMDA.
The 1978 Act was amended in terms whereof Sections 6 2 xii a and Section 81 jj were inserted empowering the Sewerage Board to companylect IDC from applicant, builder or developer of multi storeyed or special buildings.
Appellant herein applied for planning permission for companystruction of a multi storeyed building before CMDA on 8.11.2005.
It is on the aforementioned premise, the writ petition was filed which by reason of the impugned judgment has been dismissed.
A sum of Rs.53,29,500/ towards development charges was demanded by CMDA in terms of its letter dated 8.9.2006 including a sum of Rs.5,30,500 towards IDC payable to the Sewerage Board for developing water and sewerage facilities as a pre condition for companysidering the said application.
An office order being No.9/98 issued on 23.3.1998 by CMDA as regards processing of applications for planning permission fixing Rs.64/ per square meter as IDC for multi storeyed building which was to be companylected by CMDA and transfer to Sewerage Board.
DELEGATION On or about 5.3.1998, the Sewerage Board in the 197th meeting of its Board of Directors resolved to companylect infrastructure development fee at a flat rate of Rs.64/ per square meter and to authorize CMDA to act as its agent for calculation, companylection and remittance of the infrastructure development charges or IDC to the Board and to grant NOC to applicant builders of special buildings and multistoreyed flats without referring individual cases to the Board.
meter of the built up area .
If it is a fee, the principle of quid pro quo shall apply.
The Board shall companylect infrastructure development charges through Chennai Metropolitan Development Authority from the applicant of multi storeyed buildings or special building as the case may be for the provision of adequate water supply or sewerage and the matters companynected thereto at the flat rate of Rs.64/ per sq.
B. Sinha, J. Leave granted.
INTRODUCTION Legality and or validity of Infrastructure Development Charges IDC by Chennai Metropolitan Development Authority CMDA allegedly on behalf of Chennai Metropolitan Water Supply and Sewerage Board the Sewerage Board for issuing planning permission in regard to the companystruction of multi storeyed building and or special building is in question in this appeal which arises out of a judgment and order dated 20.12.2006 passed by a Division Bench of the High Court of Judicature at Madras in W.P. No.34702 of 2006.
A Government Order being No.146 was also passed by Housing and Urban Development Department directing CMDA to companylect Rs.64/ per square meter from applicants towards IDC.
BACKGROUND FACTS Appellants herein are builders and developers and individuals who had applied for grant of permission for companystruction of multi storeyed building and or special building before the CMDA.
Contending that CMDA had numberpower to companylect IDC and the Sewerage Board is otherwise obligated to supply water and provide sewerage companynection, they filed writ petitions before the High Court of Madras.
