, High Court petition challenged CMDA notice demanding Rs.4.33 crore as premium FSI charges. Court found no illegality in demand calculation and dismissed the petition.
Petition dismissed; connected miscellaneous petitions closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.18140 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.18140 of 2010 and
M.P.Nos.1 & 2 of 2010
B.Lalitha
.... Petitioner
Vs
1.The Member Secretary, CMDA, No.1, Gandhi Irwin Road, Egmore, Chennai – 08.
2.The Registrar, Registrar Office, Neelankarai, Chennai. .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the first respondent vide his Letter No.B1/22431/2008 dated 21.05.2010 demanding a sum of Rs.4,33,11,000 (Four Crores Thirty Three Lakhs and Eleven Thousand only) as premium FSI charges to grant permission to the petitioner Development pursuant to the letter of the second respondent dated 04.05.2010 without any authority and procedures and to quash the same and directing the first respondent to recalculate the premium FSI charges and returned the balance amount to the petitioner.
For Petitioner : Mr.S.Sundaresan
Page 1 of 6
W.P.No.18140 of 2010
| For | R1 | : Mr.R.Arun Kumar |
|---|---|---|
| Standing Counsel | ||
| For | R2 | : Mr.V.Manoharan |
| Additional Government Pleader |
ORDER
This writ petition has been filed challenging the demand
notice issued by the first respondent dated 21.05.2010, thereby rejected the objections raised by the petitioner on the demand for premium Floor Space Index (hereinafter referred to as “FSI”) charges and consequential direction to refund the amount already paid by the petitioner.
W.P.No.18140 of 2010
considering the same, the first respondent, by a communication dated 21.05.2010, issued demand directing the petitioner to pay various charges including the premium FSI to the tune of Rs.4,33,11,000/-. While fixing the premium FSI charge, the first respondent referred the Government
order in G.O.Ms.No.163 H & UD Department, dated 09.09.2009.
W.P.No.18140 of 2010
charges.
Neelankarai, reveals that the guideline value of Telephone Nagar Main Road is mentioned as 1,250/- per square feet. Accordingly, the petitioner was rightly calculated the premium FSI charges.
demand notice issued by the first respondent dated 21.05.2010. Thus, https://www.mhc.tn.gov.in/judis Page 4 of 6
W.P.No.18140 of 2010
the writ petition lacks merits and it is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. No costs.
21.08.2024
Internet: Yes Index : Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order Lpp To
1.The Member Secretary, CMDA, No.1, Gandhi Irwin Road, Egmore, Chennai – 08.
2.The Registrar, Registrar Office, Neelankarai, Chennai.
G.K.ILANTHIRAIYAN. J,
Lpp
Page 5 of 6
W.P.No.18140 of 2010
W.P.No.18140 of 2010
21.08.2024
Page 6 of 6
1 issue framed by the court
Whether the demand notice issued for premium FSI charges by the CMDA lacked any infirmity or illegality.
1 provisions across 1 enactments
B.Lalitha
The Member Secretary, CMDA
The Registrar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
