Document Fragment View
Fragment Information
Showing contexts for: open space reservation in Lancor Holdings Ltd vs State Of Tamil NaduMatching Fragments
The Writ petition has been filed by a Public Limited Company in the nature of Certiorarified Mandamus to call for the records of the second respondent namely the Member Secretary, Chennai Metropolitan Development Authority [CMDA] Chennai in letter No.C3/5359/2011 dated 26.04.2012 and quash the demand of Rs.40,10,000/- for Open Space Reservation Charge [OSR charge] and Rs.4,09,00,000/- for Premium FSI charges [PFSI charges] which had been computed on the basis of the revised guideline value of Rs.3,000/- per sq.ft on land in T.S.No.53, O.S.No.97/15, Adambakkam, Alandur Taluk, Kancheepuram bearing new No.3, Old No.19, 3rd Main Road, Ram Nagar, Nanganalloor, Chennai and consequently, direct the second respondent to accept from petitioner, the OSR charges and PFSI charges computed on the basis of the http://www.judis.nic.in guideline value prevalent on the date for grant of approval by the first respondent, the Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Chennai for the petitioner's application for planning permit namely 30.03.2012.
iv) Open space & reservation Rs.40,10,000/-
charge
viii) Premium FSI Charges Rs.4,09,00,000/-
16. The learned Senior Counsel appearing for the petitioner insisted that the charges are payable only the guideline value prevalent as on the date when the approval had been granted by the first respondent. On the other hand, Mr.Karthik Raja, learned counsel appearing for the second respondent/CMDA insisted that the amount is payable only as on the date when the information has been furnished with reference to the guideline value. In this connection, Mr.Karthik Raja relied on 2007 ( 11) SCC 140 [Commissioner of Municipal Corporation, Shimla Vs. Prem Lata Sood and Others] para 36 and 38 reads as follows:
http://www.judis.nic.in i Development charge for land and Rs.2,11,000/-
building under Sec.59 of the T&CP
Act, 1971
ii Balance Scrutiny Fee Rs.6,000/-
iii Regularization charge Rs.Nil
Iv Open Space & reservation charge Rs.40,10,000/-
v Security Deposit (For Building) Rs.12,30,000/-
vi Security deposit for Display Board Rs.10,000/-
vii Infrastructure & Amenities Charges Rs.31,00,000/-
viii Premium FSI Charages Rs.4,09,00,000/-
22. These heads wherein charges have to be paid, can be
collected or can be levied only when the plan is granted approval. A