MEMBER SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Vs. HOUSING SECRETARY, CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Against the order dated 19.12.2016 in W.P.No.32683 of 2016, C.M.D.A. has filed the present Writ Appeal, questioning the order of the learned single Judge, directing refund of Rs.31,83,000/- to the second respondent herein/writ petitioner towards premium FSI and infrastructure and development charges.

(2.) According to the appellant/CMDA, they are only collecting agent and that they have collected the amount and remitted the amount to the Government and that they have no powers to get back the amount from the Government to refund the amount to the writ petitioner. As there is no provision to refund the charges in cases of cancellation of the planning permission after remitting the said amount to the credit of the Government, the learned single Judge ought not to have directed the CMDA to refund the amount to the writ petitioner. It is further contended that the Government has not been made as party and hence, the Writ Petition ought to have been dismissed by the learned single Judge on the ground of non-joinder of necessary and proper party.

(3.) In reply, learned counsel for the second respondent/writ petitioner contended that when once there is power to collect the amount, the appellant/CMDA is bound to refund the amount. Apart from that, the appellant/CMDA has not taken a stand before the learned single Judge with regard to the non-joinder of necessary party.