IMPORTANT POINT
Development charges advice having been issued to respondent prior to 28 March 2012 and revised charges coming into force thereafter, demand cannot be raised on the basis of revised rates.
Planning permission having been granted after revision of Premium FSI charges, respondent is liable to pay the revised charges.

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. These appeals arise from a judgment of a Division Bench of the High Court of Judicature at Madras in a Writ Appeal, affirming the judgment of a learned Single Judge in proceedings under Article 226 of the Constitution. The High Court set aside a demand raised by the appellant for revised charges on account of (i) Infrastructure and Amenities, [ I & A ]; and (ii) Premium Floor Space Index, [ Premium FSI ].

2. The respondent submitted an application on 22 March 2011 for planning permission to construct a multi-storeyed building complex at Ayyappan Thangal Village, Thiruperumbudur Taluk. The Housing and Urban Development Department of the Government of Tamil Nadu, to which the application was forwarded for approval in terms of the Development Regulations, [DR], accorded its approval to the recommendation of the Multi-storeyed Building Panel.

3. On 5 January 2012, the State government in a letter to the appellant approved the recommendation, subject to the following conditions:

“(i) Chennai Metropolitan Development Authority should ensure that the applicant gifts the road widening portions marked in the plan to the Chennai Metropolitan Development Authority along with OSR spaces before issue of Planning Permission.

(ii) The applicant shall furnish ‘No Objection Certificate’ from Chennai Metropolitan Water Supply and Sewerage Board for using their land in S. Nos. 51/1B2 and 1C2 for access before issue of Development Charges advice.

(iii) Subject to other usual condition.”

The letter stated that before the issuance of planning permission, an undertaking should be obtained from the respondent to fulfill

(i) The provisions contained in the DR; and

(ii) The conditions imposed by the Director of Fire and Rescue Service and other Departments.

The appellant, as the planning authority, was requested to take up further action for issuance of a planning permission.

4. The appellant, which is a planning authority under the provisions of the Tamil Nadu Town & Country Planning Act 1971, [The Planning Act 1971], was required to consider the application for the grant of planning permission under Section 49. The Chennai Metropolitan Water Supply and Sewerage Board, [The Sewerage Board] addressed a letter on 6 February 2012 to the respondent stating that it would consider the issuance of its No Objection Certificate, [NOC] subject to the acceptance of the following conditions:

“1. RCC Compound wall shall be constructed on the boundaries of the proposed land adjacent to CMWSSB land with gate provisions of 6m. span at both ends as accesses to reach the other side of the proposed multistoried residential buildings as accepted in your Lr. dt. 28.01.2012.

2. The design and estimate for proposed R.C.C. culvert of suitable length and width should be submitted for approval of CMWSSB, before construction of culvert.

3. The proposed R.C.C. culverts with clearance of 1.5mtr all-round the pipeline should be constructed at both crossings to reach the property under the supervision of CMWSS Board.

4. Supervision charge @ 21% of the estimated construction cost should be deposited to CMWSSB before construction of culvert.

5. The existing pipeline should not be damaged at any point of time and if any damage is caused at the time of construction of culverts/compound wall, the entire repair cost should be borne by you.

6. If any leak or burst occurs in the pipeline in future within the culvert portion, the culvert will be demolished by the Board for attending leak/burst in future and the same has to be reconstructed at your risk and cost.

7. You should not have any rights, whatsoever to claim the ownership of the above board’s land.

8. The Board reserves the right to enter upon the premises for any inspection and to cancel the “No Objection Certificate” at any point of time without assigning any reason in the interest of public.”

5. On 2