Vs
Case brief
What is this about?
A single judge dismissed a writ petition challenging the levy of infrastructural development charges. Relying on a prior Division Bench ruling in Sumanth and Company, the court held that the levy was valid, quashing the petition and refusing to direct the grant of planning permission without said charges.
What did the court decide?
Petition dismissed; no direction to grant planning permission without paying charges.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N.PRAKASH
W.P.No.18834 of 2001
D.K.Prakash Sah, GPA ... Petitioner
- vs.
- State of Tamil Nadu, represented by Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai – 600 009. 2. Chennai Metropoliltan Development Authority by its Member Secretary, No.1, Gandhi Irwin Salai, Egmore, Chennai – 600 008. 3. Chennai Metropolitan Water Supply and Sewerage Board, rep. by its Chairman and Managing Director, 1, Pumping Station Road, Chennai – 600 002. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Ceritiorarified Mandamus or any other appropriate writ, order of direction in the nature of a Writ of Certiorarified Mandamus calling for the records comprised in the proceedings of the second respondent in Lr.No.B2/21304/2001, dated 26.09.2001 and quash the same in so far as it relates to payment of infrastructural improvement charges and consequently direct the grant of planning permission for construction of office building at T.S.No.4699, Block No.106 of T.Nagar in S.No.50, Unnamalai Ammal Street, T.Nagar, Chennai, without insisting on Infrastructural Improvement charges or any other levy which is unreasonable and illegal.
Issues for consideration
1 issue framed by the court
Whether the petitioner should pay infrastructural development charges to the Chennai Metropolitan Water Supply and Sewerage Board given the final decision in a related Division Bench judgment.
Parties & counsel
- petitioner
D.K. Prakash Sah
- respondent
State of Tamil Nadu
- respondent
Chennai Metropolitan Development Authority
- respondent
Chennai Metropolitan Water Supply and Sewerage Board
Coram
Case details
As recorded by the court registry
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