A K KADER KUTTY Vs. COMMISSIONER AND SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. In this writ petition, the petitioner has prayed for quashing a portion of the order dated 6. 1998 in G.O.Ms.No.413 whereunder the petitioners had been called upon to furnish a bank guarantee at the rate of Rs.300/- per sq.ft.

(2.) The facts giving rise to the present writ petition are as follows :- The petitioners had submitted a building plan before CMDA, the respondent No.2, for construction of a multi-storeyed building. Certain objections were raised inter alia indicating that Floor Space Index was more than the permissible limit and the provision of car parking was less than the required limit. Ultimately the matter was carried in appeal before the respondent No.1. The appeal was disposed of on 6.11.1998 whereunder the following observations were made :- “ . .

(3.) Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 is as follows :- “ 113. Notwithstanding anything contained in this Act, the Government may, subject to such conditions as they deem fit, by notification, exempt any land or building or class of lands or buildings from all or any of the provisions of this act or rules or regulations made thereunder.”