CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Vs. D. RAJAN DEV

JUDGEMENT

(1.) Leave granted.

(2.) 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. 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 Premium FSI charges at the rate prevalent as on the date of filing of application by the first respondent Rajan Dev.

(3.) Respondent No.1 is a developer carrying on construction activities under the name and style of M/s. Ben Foundation. He submitted an application dated 07.05.2009 for planning permission to construct a residential-cum-shopping building at Survey Nos. 223, 224 and 225, Padi Village, Padi Kuppam Road, Chennai for 196 dwelling units. He proposed construction 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. and height of 22.80 mt. The planning permission was granted by the appellant CMDA on 01.07.2009. Initially, the sanction was mistakenly accorded for 14889 sq.mts. (1.84 FSI) instead of 14164 sq.mts. (1.75 FSI). The excess area for which sanction was wrongly granted is 725 sq.mts. While the construction was in progress, on 09.09.2009 vide G.O.Ms.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 normally permitted FSI. Additional benefit by way of Premium FSI accrued to the developer is related to the proportionate land extent. As per the guidelines for Premium FSI, the amount payable by the applicant towards the Premium FSI charge shall be equivalent to the cost of the proportionate land as per the Guideline value of the Registration Department. 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. (= 1102 sq. mt.) under the "Premium FSI Scheme" for extra fourteen dwelling units i.e. one floor each in two blocks. 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. The first respondent submitted revised plans on 24.02.2012. 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. In the meantime, the State Government revised the guideline value of the land w.e.f. 01.04.2012.