LANCOR HOLDINGS LTD REP BY ITS MANAGING DIRECTOR R V SHEKAR Vs. STATE OF TAMIL NADU, REP BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The Writ petition has been filed by a Public Limited Company in the nature of Certiorarified Mandamus to call for the records of the second respondent namely the Member Secretary, Chennai Metropolitan Development Authority [CMDA] Chennai in letter No.C3/5359/2011 dated 26.04.2012 and quash the demand of Rs.40,10,000/- for Open Space Reservation Charge [OSR charge] and Rs.4,09,00,000/- for Premium FSI charges [PFSI charges] which had been computed on the basis of the revised guideline value of Rs.3,000/- per sq.ft on land in T.S.No.53, O.S.No.97/15, Adambakkam, Alandur Taluk, Kancheepuram bearing new No.3, Old No.19, 3 rd Main Road, Ram Nagar, Nanganalloor, Chennai and consequently, direct the second respondent to accept from petitioner, the OSR charges and PFSI charges computed on the basis of the guideline value prevalent on the date for grant of approval by the first respondent, the Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Chennai for the petitioner's application for planning permit namely 30.03.2012.

(2.) The learned senior counsel for the petitioner submitted that the petitioner undertook the development of an extent of 19 grounds and 2315 sq.ft of land in T.S.No.53, O.S.No.97/15,at Adambakkam Village, Alandur Taluk, Kancheepuram District, bearing New No.3, Old No.19, 3 rd Main Road, Ramnagar, Nanganallur, Chennai. The petitioner had submitted an application for planning permission for construction of stilt floor plus six floors plus seventh floor (part) Multi storyed residential building with 64 dwelling units. This application was submitted to the second respondent, Chennai Metropolitan Development Authority,[ CMDA ] on 11.04.2011 together with necessary scrutiny fees as fixed. For obtaining sanction for construction of multi storyed building, several approvals and No Objection Certificates have to be obtained. These stipulations are governed by G.O.Ms.No.163, Housing and Urban Development [UD I] Department dated 09.09.2009. This Government order gives guidelines for collection of PFSI which depends on the road width. The amount of PFSI shall be equivalent to the cost of proportionate land as per the guideline value of the Registration Department. This Government order was in accordance with the Regulation 36 of the Development Regulations for the Second Master Plan for Chennai Metropolitan area, 2026. The Government had approved the guidelines for PFSI. The OSR charges are also calculated in accordance with the valuation of the Registration Department. This has been provided in the Second Master plan for Chennai Metropolitan Area, 2026 issued by the second respondent/ CMDA.

(3.) The application submitted by the petitioner dated 11.04.2011 was processed by the respondents and finally the petitioner received a letter from the second respondent on 20.01.2012 seeking certain corrections in the plan. These corrections were complied with and letter dated 23.01.2012 was sent by the petitioner. The petitioner also received and submitted No Objection Certificates from various Departments. Thereafter, the second respondent also addressed the Commissioner, Corporation of Chennai seeking clarification whether the land where the project is to be effected, had been reserved for any public purpose. Clarification was also issued.