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" Pursuant to the amendment of Section 6 and Section 81 of Chennai Metropolitan Water and Sewerage Board Act 1978 (Tamil Nadu Act 28 of 1978) the Board make the following regulations in respect of levy and collection of infrastructure development charges in respect of multi-storeyed and special buildings.
Short Title and Commencement:-
1. (i) The regulation is called the Chennai Metropolitan Water Supply and Sewerage Infrastructure Development Charges (Levy and Collection) Regulations 1998.

(c) 'Special building' means any block or buildings means not less than three floors but not exceeding four floors.

(d) 'Infrastructure Development' means any provision made by the Board regarding water supply and sewerage services and matters connected therein.

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 R.64/- per sq. metre (of the built up area)."

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The Board observed that Infrastructure service charges shall incorporate the recovery of expenditure both on Water Supply and Sewerage and resolved as follows:

1) to take a policy decision to issue NOC in respect of special buildings/multistoreyed flats cases on collection of a part of infrastructure development charges;
2) to collect at a flat rate of Rs.64/- per sq. m from the applicants towards infrastructure development charges which amounts to 10% of the estimated expenditure on providing the infrastructure facility;

17. From the above discussion, we are satisfied that CMWSSB is charging the Infrastructure Development Charges only for the service rendered and to strengthen and maintain the water supply and sewerage infrastructure. We have already referred to the substantive provisions in the Town and Country Planning Act, Section-59 in particular, which enables the CMDA to levy development charges. Further, as explained in the counter affidavit, the present method of demand/collection is beneficial to the applicant since at one place viz., at the time of processing of the plan, he pays all the charges payable to the CMDA as well as CMWSSB. In other words, it helps the applicant to get processed the planning permission application at one location ie., at CMDA, and to avoid duplication of work and to do the process simple under single window system. As explained earlier, the charges collected not only covers the sewer lines or water lines provided for facilitating the applicants' buildings but they are also utilized for development of infrastructure right from the source of the distribution point in case of water supply and interception and collection of sewage from the premises and disposal of the same after appropriate treatment at the Sewage Treatment Plant in case of sewerage. We accept that the special buildings and multistoreyed buildings are responsible for the sudden spurt in demanding the infrastructure facilities at high rate and sometimes it requires huge investments. We find that Sections-45 and 56 deal with charges for consumption of water and guidelines for availing the water and sewage connection, whereas the IDC is collected for overall development of infrastructure as stated earlier. We are of the view that the CMDA claimed the above charges only based on regulations and approval by the competent authority, ie., the Government.