Collection of IDC by CMDA on behalf of CMWSSB, avoids duplication of work, makes process simple under single window system.

(Petitions filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, Mandamus as well as Declaration as stated therein.)

Common Judgment:

P. Sathasivam, J.

The petitioners are builders, developers and individuals, who applied for planning permission before the Chennai Metropolitan Development Authority (in short, 'CMDA'). Most of them seek for the issuance of Writs of Declaration, declaring that the amended Sections 6(2)(xii-a) and 81 (2) (jj) of the Chennai Metropolitan Water Supply and Sewerage Act, 1978 (in short, 'the CMWSS Act') are ultravires, unconstitutional, arbitrary and colourable exercise of power and forbearing the CMDA from insisting the payment of infrastructure and development charges on behalf of Chennai Metropolitan Water Supply & Sewerage Board (in short, 'the CMWSSB') for issuing planning permission which are not permissible in law. In some of the writ petitions, seeking for the issuance of Writs of Certiorarified Mandamus, the main challenge relates to demand of Infrastructure Development Charges (IDC) by the CMDA on behalf of CMWSSB; while in other Writ Petitions, the prayer is for the issuance of Writs of Mandamus, forbearing the CMDA from collecting IDC on behalf of CMWSSB. Since the main issue relates to the validity of the amended provisions in the CMWSS Act, all the writ petitions are being disposed of by the following common Judgment.

2. For convenience, we shall refer the case of the petitioner in WP.No.34702 of 2006.

According to the petitioner, he is the owner of the property situate at Door No.18/1, East Coast Road, S.No.205/3 Part, 4A, 5A, 8 and 10, T.S.No.26, Block No.42 of Thiruvanmiyur Village, Chennai 600 041. He applied for planning permission to the CMDA for construction of additional Block of Stilt Floor + 11 floors residential building with 64 dwelling units annexing to the existing BF + GF + 4 floors building with 18 dwelling and commercial use in the said property and his application was received by the CMDA on 08.11.2005. The CMDA, by letter dated 08.09.2006, directed the petitioner to pay sums under various heads, which included Rs.5,30,500/- towards IDC payable to CMWSSB by CMDA. Neither the Tamil Nadu Town and Country Planning Act, 1971 (in short, 'the T&CP Act') nor the CMWSS Act, 1978, prescribes any amount or provides for any specific rate payable towards development of infrastructure facility relating to Metro Water and Sewerage connections. According to him, by virtue of Sections 9E, 49, 59, 60, 61, 62 and 63 A of the T&CP Act, the CMDA has no power to collect IDC. Further, in view of Sections 45, 55 and 56 of the CMWSS Act, the CMWSSB is obliged to effect water supply and provide sewerage connection since the proposed building comes within the Corporation limit and there are water lines of the CMWSSB within 30 meters from the site of the petitioner. Inasmuch as the site meets all the requirements contemplated under Sections 45, 55 and 56 of the CMWSS Act, and there is no infrastructure facility involved, the CMDA cannot make an arbitrary demand, which is equal to six times the development charges, under the guise of approving the planning permission. Both the T&CP Act and the CMWSS Act do not envisage or enable the first respondent to claim such an amount and no power is vested with them to reject the approval on the ground of non-payment of IDC. Fixing up of Rs.64/- per sq. metre is arbitrary and there is no nexus between the claim and the area of development. There is no such provision enabling the CMWSSB to authorise CMDA to collect/recover the amount.

3. The second respondent - CMWSSB has filed a counter affidavit, wherein, it is stated that Section 63-A of the T&CP Act enables the CMDA to pay to CMWSSB the charges levied and collected towards provision for or improvement of water supply or sewerage service. The amended provisions, viz., 6(2)(xii-a) read with Section 81(2)(jj) of the CMWSS Act, empowers the CMW