1. W.P. No. 25677 of 2012 has been filed, praying for issuance of a writ of certiorarified mandamus, to call for the records of the second respondent culminating in the impugned Demand Notice dated 22.8.2012, Letter No. C3(N)/4606 of 2011, quash the same and consequently direct the second respondent to issue Planning Permission and release the approved drawings to the petitioner pursuant to its application, dated 22.3.2011, and based on the letter dated 5.1.2012 from the first respondent and Original Demand Notice dated 27.3.2012 from the second respondent.

2. W.P. No. 25678 of 2012 has been filed, praying for a declaration, declaring that the Government Order G.O. Ms. No. 86, dated 28.3.2012, has no application in respect of the infrastructure and amenities charges calculated and demanded in accordance with government order G.O. Ms. No. 161, dated 9.9.2009.

3. Since the prayers of the petitioner are interconnected, both these Writ Petitions are being disposed of in common.

4. Facts :

4.1. The petitioner is engaged in the business of real estate development across India and in the course of its business entered into a Joint Development Agreement, dated 15.7.2010, with the owner of the said land viz., Extra IT Parks Private Limited, on an area sharing basis, with respect to lands situated at Mount Poonamallee High Road, Ayyappathangal Village, Chennai. Pursuant thereto, the owner of the land executed a General Power of Attorney, dated 15.7.2010, registered as Document No. 1285/2010, in the Office of the Sub-Registrar-1, Chennai South, whereby the petitioner was empowered to develop the property by constructing residential apartment buildings upon obtaining required planning permission and no-objection certificates from various authorities to develop the property. Thus, the petitioner is the developer of the property and also an agent of the land owner.

4.2. On 22.3.2011, the petitioner had made an application for grant of planning permission to the second respondent for construction of 33 multi-storied buildings of residential apartments on the property. In the meanwhile, the petitioner sought no-objection certificates from various departments, such as, Airports Authority of India, Fire & Rescue Services Department, Police Department etc., for construction of the aforesaid 33 blocks on the property. The said authorities have given no-objection certificates on various dates to the proposed development on the property subject to certain conditions stipulated therein.

4.3. On 5.1.2012, the first respondent accepted the recommendation of the Multi-storied Building Panel and accorded its approval for construction of multi-storied buildings on the property by Letter (Ms) No. 9, dated 5.1.2012, addressed to second respondent, on the condition that the petitioner gifts a portion of its land for road widening and open space reservation (OSR) portion. The petitioner was also required to obtain no-objection from Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) for using its land in S. Nos. 51/1B2 and 1C2 for access to the property. The aforesaid conditions were satisfied by the petitioner by obtaining a no-objection certificate, dated 30.3.2012, from CMWSSB for using its land for access to the property and by executing two Gift Deeds, both dated 27.4.2012, in favour of the second respondent, gifting portions of the property for road widening and OSR purposes. Possession of the gifted portion of the property was taken over by the second respondent on 24.5.2012.

4.4. Upon receipt of the application for planning permission made by the petitioner, the second respondent issued the Original Demand Notice, dated 27.3.2012, demanding payment of various charges to be paid for issuance of planning permission for construction of 33 multi-storied buildings on the property.

4.5. As per the Original Demand Notice, the second respondent called upon the petitioner to pay a sum of Rs. 58,90,38,000/- under various heads, which includes a sum of R