Supreme Court of India
Chennai Metropolitan Development Authority Rep. by its Member-secretary & Anr. v. Prestige Estates Project Ltd.
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What the Court ordered
For the above reasons, we allow these appeals in part b y setting aside the impugned judgment and order of the High Court insofar as it quashed the demand raised by the appellant on 22 August 2012 for the levy of Premium FSI charges.
Judgment, page 26
From the headnote
Tamil Nadu Town and Country Planning Act, 1971 – ss .48, 49 and 63B – Tamil Nadu Town and Country Planning ( Levy of Infrastructure and Amenities charges) Rules, 2008 – r.4 – Second master plan for Chennai Metropolitan Area 2006 (Reg ulation) – regulation 36 – Respondent submitted application on 22.03.2011 for planning permission to construct a multi-storey ed building complex – Appellant issued a demand notice to the res pondent to deposit some charges including Infrastructure & Amenit ies charge (I & ) and premium FSI charge amounting in order to process its application – Appellant demanded
Authorities it was built on
- 1981 State of Tamil Nadu v. Hindu Stone Etc.
- 2003 Howrah Municipal Corpn. and Ors. v. Ganges Rope Co. Ltd. and Ors.
- 2008 N.D.M.C. & Ors. v. Mis Tanvi Trading & Credit Pvt. Ltd. & Ors.
- 1992 Usman Gani J. Khatri of Bombay Etc. Etc. v. Cantonment Board and Ors. Etc. Etc.
- 2007 Commissioner of Municipal Corporation, Shimla v. Prem Lata Sood and Ors.
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