The court directed the statutory authority to conduct a formal enquiry and pass reasoned orders regarding disputed infrastructure development charges, ensuring an opportunity of hearing for the petitioners without deciding on the merits of the legality of the levies.

COMMON ORDER :

M. DHANDAPANI, J.

W.P.No.3970 of 2012 has been filed seeking issuance of Writ of Declaration declaring that the action of the third respondent in demanding, levying and collecting infrastructure development charges under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 in so far as it relates to the items in Sl.Nos.2, 3, 5 and 8 of the working sheet in respect of the construction of residential-cum- professional office complex in T.S.No.115/7 in Block No.32 and T.S.Nos.23/33, 23/35 and 23/22 in Block No.34 in Tiruvanmiyur Village, Chennai as illegal and unconstitutional.

2. W.P.No.7291 of 2021 has been filed seeking issuance of Writ of Mandamus forbearing the fourth respondent, their officers, employees, subordinates or any other persons claiming or acting under the fourth respondent from demanding, levying and collecting infrastructure development charges for the said area under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 in so far as it relates to the items in Sl.Nos.2 to 15 of the working sheet (Application for Water and Sewer Connection) in respect of the construction of Residential building in R.S.No.43105/5, Block No.96 and R.S.No.4569/34 & 35, Block No.100 of Mylapore Village, bearing Door No.40, South Canal Bank Road, Mylapore, Chennai as illegal and unconstitutional.

3. W.P.No.7295 of 2021 has been filed seeking issuance of Writ of Declaration declaring that the action of the fourth respondent in demanding, levying and collecting infrastructure development charges for the said area under the Chennai Metropolitan Water Supply and Sewerage Act, 1978 in so far as it relates to the items in Sl.Nos.2 to 15 of the working sheet in respect of the construction of Residential building in R.S.No.43105/5, Block No.96 and R.S.No.4569/34 & 35, Block No.100 of Mylapore Village, bearing Door No.40, South Canal Bank Road, Mylapore, Chennai as illegal and unconstitutional.

4. Since the issue involved in these writ petitions are similar in nature, they are heard together and disposed of by way of common order.

5. The learned Senior Counsel appearing for the petitioners submitted that the petitioner in W.P.No.3970 of 2012 caused the lands comprised in T.S.No.115/7 in Block No.32 and T.S.Nos.23/33, 23/35 and 23/22 in Block No.34 in Tiruvanmiyur Village, Chennai, to be developed into a residential – cum – professional office complex, for which, the petitioner submitted application for planning permission dated 15.10.2008 for construction of 4 blocks consisting of Floor + Stilt + 4 Floors and 1 Block consisting of Ground Floor + 2 Floors (2^nd Floor Part) of residential – cum – professional office with 143 dwelling units and thereafter rectified the defects pointed out by CMDA and addressed a letter dated 03.11.2009 to CMDA enclosing revised plans, pursuant to which, CMDA issued letter dated 16.02.2010, wherein, it was stated that water supply and sewerage infrastructure improvement charge is levied and requested the petitioner to furnish a demand draft in favour of CMWSSB for a sum of Rs.14,84,000/- towards water supply and sewerage infrastructure improvement charges and the petitioner paid the amount on 18.02.2010.

6. The learned Senior Counsel appearing for the petitioners further submitted that thereafter, CMDA issued planning permission dated 18.03.2010 and the petitioner also obtained necessary building permit dated 28.06.2010 from the Corporation of Chennai. Thereafter, the petitioner approached CMWSSB for the purpose of applying for and obtaining water supply and sewera