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2019 Supreme(SC) 789

D.Y.CHANDRACHUD, INDIRA BANERJEE
Chennai Metropolitan Development Authority Rep. by its Member - Secretary – Appellant
Versus
Prestige Estates Project Ltd. – Respondent


Advocates Appeared:
For the Appellant(s) :K. V. Vijayakumar, Purbitaa Mitra, A. Jaswanthi, K.V. Ram Kumar, Advocates
For the Respondent(s):Rana Mukherjee, Chitranshul A. Sinha, Anshuman, Dua, Advocates

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 th






























































































































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