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2009 Supreme(SC) 292

S.B.SINHA, MUKUNDAKAM SHARMA
M. Chandru – Appellant
Versus
The Member Secretary, Chennai Metropolitan Development Authority – Respondent


Advocates appeared:
For the Appellant :L. Nageshwar Rao, Sr. Adv., Jayanth Muth Raj, Mrs. Malavika G. and C.K. Sasi, Advocates.
For the Respondents:V. Krishnamurthy, sr. Adv., T. Harish Kumar, V. Vasudevan (for R. Nedumaran) and S. Thananjayan, Advocates.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

INTRODUCTION

2. Legality and/or validity of Infrastructure Development Charges (IDC) by Chennai Metropolitan Development Authority (CMDA) allegedly on behalf of Chennai Metropolitan Water Supply and Sewerage Board (the Sewerage Board) for issuing planning permission in regard to the construction of multi-storeyed building and/or special building is in question in this appeal which arises out of a judgment and order dated 20.12.2006 passed by a Division Bench of the High Court of Judicature at Madras in W.P. No.34702 of 2006.

BACKGROUND FACTS

3. Appellants herein are builders and developers and individuals who had applied for grant of permission for construction of multi-storeyed building and/or special building before the CMDA. They were asked to deposit specified sums towards IDC payable to the Sewerage Board by CMDA. Contending that CMDA had no power to collect IDC and the Sewerage Board is otherwise obligated to supply water and provide sewerage connection, they filed writ petitions before the High Court of Madras. The said writ petitions have been dismissed by reason of the impugned judgment.

SUBMISSIONS

4. Mr. L. Nageshwar Rao, learn


































































































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