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2. W.P.No.25678 of 2012 has been filed, praying for a declaration, declaring that the Government Order G.O.Ms.No.86, dated 28.03.2012, has no application in respect of the infrastructure and amenities charges calculated and demanded in accordance with government order G.O.Ms.No.161, dated 09.09.2009.

3. Since the prayers of the petitioner are interconnected, both these Writ Petitions are being disposed of in common.

4. Facts :

4.1. The petitioner is engaged in the business of real estate development across India and in the course of its business entered into a Joint Development Agreement, dated 15.07.2010, with the owner of the said land viz., M/s.Extra IT Parks Private Limited, on an area sharing basis, with respect to lands situated at Mount Poonamallee High Road, Ayyappathangal Village, Chennai. Pursuant thereto, the owner of the land executed a General Power of Attorney, dated 15.07.2010, registered as Document No.1285/2010, in the Office of the Sub-Registrar-1, Chennai South, whereby the petitioner was empowered to develop the property by constructing residential apartment buildings upon obtaining required planning permission and no-objection certificates from various authorities to develop the property. Thus, the petitioner is the developer of the property and also an agent of the land owner.

5.7. Guideline value was obtained in letter, dated 18.06.2012, from the Joint I Sub-Registrar, Chennai South, as per which the guideline value for Mount Poonamallee Road, Ayyappathangal Village is Rs.4000/- per sq.ft. Based on that, the balance I&A charges and Premium FSI charges at revised guideline value are worked out as Rs.4,17,15,000/- and Rs.90,76,75,000/- respectively after adjusting the charges already remitted. Earlier, the applicant had remitted Rs.8,34,40,000/- and Rs.44,75,88,000/- towards I&A Charges and Premium FSI charges respectively at the guideline value of Rs.1321/- per sq.ft. Hence, revised advice was sent on 22.08.2012 to the petitioner to pay Rs.4,17,15,000/- towards I&A Charges and Rs.90,76,75,000/- towards balance Premium FSI charges. The petitioner has to pay the said charges as per the rules in force and as applicable to all developers/promoters of multi storied buildings.

6.3. In the meanwhile, the I&A charges and Guideline Value were revised on 28.03.2012 and 01.04.2012 respectively. The letter of CMWSSB, dated 30.03.2012, was received by the first respondent on 02.04.2012, which was subsequent to the date to the revision of I&A charges and guideline value. Hence, it was decided to revise the Development Charges advice, dated 27.03.2012, and to raise the demand of I&A charges and premium FSI charges at the revised rates. As per the condition stipulated in the order approving the proposal, the Development Charge advice is issuable on receipt of updated No Objection Certificate from CMWSSB. As the petitioner furnished required NOC obtained from CMWSSB only on 02.04.2012, the proposed development attracted levy and collection of the applicable charges and fee as per the rates and procedure that were prevailing on 02.04.2012. Accordingly, the final Development Charge advice was issued to the petitioner after calculating the applicable charges and fee based on the prevailing rate on 02.04.2012 in the form of revised Development Charge advice, with a specific request to remit the balance amount after deducting the amount paid by the petitioner passed earlier in interim Development Charge advice. Guideline value was obtained in letter, dated 18.06.2012, from the Joint I Sub-Registrar, Chennai South, as per which the guideline value for Mount Poonamallee Road, Ayyappathangal Village is Rs.4000/- per sq.ft. Based on that, the balance I&A charges and Premium FSI charges at revised guideline value are worked out as Rs.4,17,15,000/- and Rs.90,76,75,000/- respectively after adjusting the charges already remitted. Earlier, the applicant had remitted Rs.8,34,40,000/- and Rs.44,75,88,000/- towards I&A Charges and Premium FSI charges respectively at the guideline value of Rs.1321/- per sq.ft. Hence, revised advice was sent on 22.08.2012 to the petitioner to pay Rs.4,17,15,000/- towards I&A Charges and Rs.90,76,75,000/- towards balance Premium FSI charges. The petitioner has to pay the said charges as per the rules in force and as applicable to all developers/promoters of multi storied buildings. For want of remittance of the applicable additional charges demanded on the I&A charge, the approval and release of the approved plans are pending with CMDA and hence the Writ Petition is to be dismissed.

9. I have heard the learned counsel for the parties and also perused the records.

10. On going through the records, what transpires is that the petitioner is a public limited company registered under the Companies Act,1956, having its offices at Bangalore and Chennai. It is engaged in the business of real estate development across India and in the course of its business entered into a Joint Development Agreement, dated 15.07.2010, with the owner of the said land viz., M/s.Extra IT Parks Private Limited, on an area sharing basis, with respect to lands situated at Mount Poonamallee High Road, Ayyappathangal Village, Chennai. Pursuant thereto, the owner of the land executed a General Power of Attorney, dated 15.07.2010, registered as Document No.1285/2010, in the Office of the Sub-Registrar-1, Chennai South, whereby the petitioner was empowered to develop the property by constructing residential apartments upon obtaining required planning permission and no-objection certificates from various authorities to develop the property.