W.A.Nos.2188 and 2230 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM:

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI

W.A.Nos.2188 and 2230 of 2018

and

C.M.P.Nos.16976 and 17733 of 2018

1.The Secretary to Government,

Housing and Urban Development Department,

Fort St. George, Chennai – 600 009.

2.The Director,

Town and Country Planning,

No.807, Anna Salai,

Chennai – 02.

...Appellants in both the WAs

Vs.

1.S.Sundar

... 1^st respondent in WA.2188/2018

1.M.Sankareswaran

... 1^st respondent in WA.2330/2018

2.The Secretary,

Tamil Nadu Public Service Commission,

Frazer Bridge Road,

Chennai – 03.

...2^nd Respondent in both WAs

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W.A.Nos.2188 and 2230 of 2018

Prayer in both the Writ Appeals

: Writ Appeals filed under Clause 15 of

the Letters Patent Act, to set aside the order dated 27.04.2018 made in

W.P.Nos.30043 and 30045 of 2016 and allow these writ appeals.

For Appellants

: Mr.S.Silambanan,

Additional Advocate General

Assisted by

Mr.Hasan Fizal,

Additional Government Pleader

and Mr.Babu Barveez,

Government Advocate

For Respondents

: Mr.V.Karthic,

Senior Counsel

Assisted by

Mr.S.Haroon AL Rasheed for R1

R2 – No appearance

*********

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W.A.Nos.2188 and 2230 of 2018

J U D G M E N T

(Judgment was made by R.SUBRAMANIAN, J.)

The State is on appeal challenging the order of the writ Court

made in W.P.Nos.30043 and 30045 of 2016 quashing the departmental

proceeding launched against the petitioners in the said writ petitions for

having collected a lesser amount as Infrastructure and Amenities

Development charges.

2. The concept of Infrastructure and Amenities Development

charges. was first introduced by G.O.Ms.No.191 dated 01.06.2007. The

said Government Order prescribed a maximum and minimum amount of

Infrastructure and Amenities Development charges per square meter and

vested the discretion in the Director of Town and Country Planning and

Vice-Chairman of the Chennai Metropolitan Development Authority to fix

the charges in between the maximum and minimum amount. Pursuant

thereto, The Director of Town and Country Planning passed an order dated

01.06.2007 fixing the Infrastructure and Amenities Development charges for

multi-storeyed building at Rs.1000/- per square metre.

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W.A.Nos.2188 and 2230 of 2018

3. Subsequently, another Government Order was passed in

G.O.Ms.No.22 dated 26.01.2008, wherein, there were certain modifications

regarding the Infrastructure and Amenities Development charges. The said

Government Order also provided the maximum and minimum rates and

authorised the Director of the Town and Country Planning or the Vice-

Chairman of the Chennai Metropolitan Development Authority, as the case

may be, to fix the actuyal charges. Pursuant to G.O.Ms.No.22 dated

26.01.2008, the Director of Town and Country Planning fixed Rs.1000/- per

squre meter as Infrastructure and Amenities Development charges payable

for the multi-storeyed buildings.

4. By a subsequent Government Order viz., G.O.Ms.No.161 dated

09.09.2009, the Government reduced the Infrastructure and Amenities

Development charges at Rs.250/- per square meter for multi-storeyed

residential buildings.

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W.A.Nos.2188 and 2230 of 2018

5. The respondents herein who were working as Assistant Director

of Town and Country Planning and Supervisor in the Directorate of Town

and Country Planning raised a demand against the builder who had

submitted an application for approval, based on handing over of the Open

Space Reservation (OSR) land to them, which was on 31.10.2009, applied

the last of the three Government Orders viz., G.O.Ms.No.161 dated

09.09.2009 and collected Rs.250/- per square meter as Infrastru