CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY versus D. RAJAN DEV AND OTHERS

CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY versus D. RAJAN DEV AND OTHERS

Premium FSI charges must be calculated based on guideline value prevailing at the date of approval by Government/competent authority, not at date of application. No vested right accrues until approval is granted.

Parties
Appellant: Chennai Metropolitan Development Authority represented by its Member Secretary; Respondent: D. Rajan Dev
Jurisdiction
India
Judgment Date
11 December 2019
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Division Bench of High Court
Outcome
Appeal allowed; Division Bench judgment set aside
Legal Topics
Premium FSI (floor Space Index) Charges, Calculation of Charges, Guideline Value, Building Permission, Planning Regulations
Housing Urban Development Administrative Law Premium FSI (floor Space Index) Charges Calculation of Charges Guideline Value Building Permission Planning Regulations

Case Brief

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Parties

Chennai Metropolitan Development Authority represented by its Member Secretary

Appellant

D. Rajan Dev

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether Premium FSI charges should be calculated based on the guideline value prevailing at the date of application or at the date of approval of the plan

Ratio Decidendi

Premium FSI charges must be calculated based on guideline value prevailing at the date of approval by Government/competent authority, not at date of application. No vested right accrues until approval is granted.

Court Disposition

Appeal allowed; Division Bench judgment set aside

Orders

  • High Court judgment dated 03.08.2016 in W.A. No.2376 of 2013 is set aside
  • CMDA at liberty to recover the balance Premium FSI charges from the first respondent in accordance with regulations and rules