Apprehension of CMDA about misuse of space of car parking by the petitioner is misplaced and unjustified.

Heard the learned counsels appearing for the parties. In this writ petition, the petitioner has prayed for quashing a portion of the order dated 6.11.1998 in G.O.Ms.No.413 whereunder the petitioners had been called upon to furnish a bank guarantee at the rate of Rs.300/- per sq.ft.

2. The facts giving rise to the present writ petition are as follows :-

The petitioners had submitted a building plan before CMDA, the respondent No.2, for construction of a multi-storeyed building. Certain objections were raised inter alia indicating that Floor Space Index was more than the permissible limit and the provision of car parking was less than the required limit. Ultimately the matter was carried in appeal before the respondent No.1. The appeal was disposed of on 6.11.1998 whereunder the following observations were made :-

“ . . 3. The Government have examined the appeal petition carefully. According to Development Control rules, the “Minimum extent of site for construction of Multi-storeyed building shall not be less than 1500 sq.mtr. and shall either be abutting on a Street not less than 18 metres in width or gain a passage of not less than 18 meters in width”. Also for a site which abutts a road width exceeding 27m the site extent should not be less than 2500 Sq. metres. In this case the site extent is 2233.3M2 less by 266.7M2. The Government consider that there is no harm in allowing an muti-storeyed building on a ground extent of 2233.3 sq. metre eventhough it abutts a road (Anna Salai) exceeding 27M2 in view of the minimum site extent of 1500 sq.mtr prescribed for multi-storeyed building. Again in their letter dated 20.3.98 the appellant stated that they have proposed to provide Car Parking in Ground floor and in first floor which is in between Ground floor and first Floor in addition to the available space in set backs. The provision of Car parking above or below ground floor level is allowed as per Rule 3, under Part II of Annexure XIII of Development Control Rules. The area of first floor as basement floor exclusively reserved for car parking under rule 20 of Development Control Rules is excluded from Floor space index. The floor space index worked out is 2.69 which is less than the allowed floor space index of 2.75 as the total plinth area of Ground + stilt + 20 floors covers an area of 6014 Sq.mtr. The coverage achieved is only 28.50% and the overall floor to be constructed is Basement + Ground + Stilt + 10 floor. The car parking in stilt floor is reported to be effected by mechanically operated car lifts, a new venture in Chennai City. for keeping this stilt floor for car parking alone, it has been decided to collect a bank guarantee of Rs.300/- per sq.ft. The floor space index violation and the Car parking violation reported by the Chennai Metropolitan Development Authority in its refusal order do not arise. Of the 46 car parking space required for the overall space of 6014 sq.metre 28 cars in the set back, 10 cars in basement floor and 8 cars in stilt floor can be parked.

4. In view of the above findings and in view of the minimum site extent of 1500 Sq.m. required for multi-storeyed building, the Government allow the appeal by relaxing 265.7 sq.mt. of site extent for the proposed construction in R.S.No.7414/3 and 5 Block No.28, Door No.554 and 555, Anna Salai, subject to the condition that the appellant should produce the bank guarantee at the rate of Rs.300/- per sq.ft. for parking cars in stilt floor before submitting Plan and other evidences for planning permission to Chennai Metropolitan Development Authority. . . .”

The petitioners are only aggrieved by the portion of the order whereunder the Government has directed “ it has been decided to collect a bank guarantee of Rs.300/- per sq.ft.”. This direction regarding furnishing bank guarantee is being challenged.

2. Counter affidavits have been filed on behalf of the State as well as on behalf of C.M.D.A. In the counter affidavits it has been stated that the Gove