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S.B. Sinha, J.

1. Leave granted.

INTRODUCTION

2. Legality and/or validity of Infrastructure Development Charges (IDC) by Chennai Metropolitan Development Authority (CMDA) allegedly on behalf of Chennai Metropolitan Water Supply and Sewerage Board (the Sewerage Board) for issuing planning permission in regard to the construction of multi-storeyed building and/or special building is in question in this appeal which arises out of a judgment and order dated 20.12.2006 passed by a Division Bench of the High Court of Judicature at Madras in W.P. No.34702 of 2006.

(iii) to prepare schemes for water supply and sewerage (including abstraction of water from any natural source and the disposal of waste and pollution water) in or for the Chennai Metropolitan Area;

xxx xxx xxx (xii-a)to collect infrastructure development charges from the applicant builder or developer of such multistoreyed building or special building as may be prescribed for the provision of adequate water supply or sewerage;

81. Power to make regulations.--(1) The Board may make Regulations not inconsistent with this Act for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of foregoing power, such regulations may provide for all or any of the following matters, namely :-

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(a) to (j) ...
(jj) the manner of and the basis on which the infrastructure development charges shall be collected;
4. The Board shall collect infrastructure development charges through Chennai Metropolitan Development Authority from the applicant of multi-storeyed buildings or special building as the case may be for the provision of adequate water supply or sewerage and the matters connected thereto at the flat rate of Rs.64/- per sq. meter (of the built up area)."

DELEGATION

9. On or about 5.3.1998, the Sewerage Board in the 197th meeting of its Board of Directors resolved to collect infrastructure development fee at a flat rate of Rs.64/- per square meter and to authorize CMDA to act as its agent for calculation, collection and remittance of the infrastructure development charges or IDC to the Board and to grant NOC to applicant builders of special buildings and multistoreyed flats without referring individual cases to the Board. An office order being No.9/98 issued on 23.3.1998 by CMDA as regards processing of applications for planning permission fixing Rs.64/- per square meter as IDC for multi-storeyed building which was to be collected by CMDA and transfer to Sewerage Board.