A R PROPERTY DEVELOPERS PRIVATE LIMITED Vs. SECRETARY HOUSING AND URBAN DEVELOPMENT (UD-1) DEPARTMENT GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner company is a property development company. It filed an application for planning permission to Chennai Metropolitan Development Authority [CMDA] on 25.08.2010 for the proposed construction of Block "A"-Hotel building with double basement floor+ ground floor+14 floors and Block "B" -with basement floor + Stilt cum ground floor and 12 floors in the property comprised in Survey No.58/1B, 58/2A2 and 58/2A1B of Madhuravoyal Village, Ambattur Taluk. The proposed build up area was 26,556.75 Sq. Mts. inclusive of 6,713.60 Sq. Mts. of premium FSI area.

(2.) The first respondent/State Government granted its approval on 14.11.2011 to the recommendations of Multi-Storied Building Panel [MSB] for issuing planning permission to the petitioners for the aforesaid project. Thereafter, on 05.12.2011, the 2nd respondent/CMDA directed the petitioners to remit development charges and other charges including premium FSI charges for premium FSI area of 6,717.61 Sq. Mts. and accordingly, on 07.12.2011 the petitioners remitted development charges and other charges including premium FSI charges of Rs.4,34,00,000/-.

(3.) On payment of development charges and other charges including premium FSI charges by the petitioners, CMDA granted approval for petitioner's application for planning permission on 04.01.2012.