Dhananjaya Y Chandrachud, J. - (1.) These appeals arise from a judgment of a Division Bench of the High Court of Judicature at Madras in a Writ Appeal, affirming the judgment of a learned Single Judge in proceedings under Article 226 of the Constitution. The High Court set aside a demand raised by the appellant for revised charges on account of (i) Infrastructure and Amenities, (I & A); and (ii) Premium Floor Space Index, (Premium FSI).
(2.) The respondent submitted an application on 22 March 2011 for planning permission to construct a multi-storeyed building complex at Ayyappan Thangal Village, Thiruperumbudur Taluk. The Housing and Urban Development Department of the Government of Tamil Nadu, to which the application was forwarded for approval in terms of the Development Regulations, (DR), accorded its approval to the recommendation of the Multi-storeyed Building Panel.
(3.) On 5 January 2012, the State government in a letter to the appellant approved the recommendation, subject to the following conditions: "(i) Chennai Metropolitan Development Authority should ensure that the applicant gifts the road widening portions marked in the plan to the Chennai Metropolitan Development Authority along with OSR spaces before issue of Planning Permission.(ii) The applicant shall furnish 'No Objection Certificate' from Chennai Metropolitan Water Supply and Sewerage Board for using their land in S. Nos. 51/1B2 and 1C2 for access before issue of Development Charges advice.(iii) Subject to other usual condition."The letter stated that before the issuance of planning permission, an undertaking should be obtained from the respondent to fulfill(i) The provisions contained in the DR; and(ii) The conditions imposed by the Director of Fire and Rescue Service and other Departments.The appellant, as the planning authority, was requested to take up further action for issuance of a planning permission.;