NDLI: Chennai Metropolitan Development Authority Represented By Its Member Secretary Vs. D. Rajan Dev and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Housing Residential-cum-Shopping Building Calculation of Premium FSI charges
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Housing – Residential-cum-Shopping Building – Calculation of Premium FSI charges – First Respondent, a developer was carrying on construction activities on basis of a planning permission granted to him – Thereafter, the State Government introduced a scheme called ‘Premium FSI Scheme’, wherein the Government permitted any builder willing to pay FSI charges to increase FSI above the normally permitted FSI – On 04.05.2011, the first respondent made an application with revised proposal for permission to have additional FSI area – The revised plan of the first respondent was considered and forwarded to the Government with recommendation for approval – In the meanwhile, the Registration Department revised and notified the revised guideline value w.e.f. 01.04.2012 as per which the guideline value was increased from Rs.1650/- per sq.ft. to Rs.5,000/- per sq.ft. – On 29.05.2012, the Government granted approval to the revised plan of the first respondent – The premium was levied as Rs.7,61, 40,000/- – The respondent made the representation against the calculation and also regarding the area, however, the same was rejected – Writ petition – First Respondent contended that the date of application should be considered for the purpose of calculating Premium FSI charges and not as per the guideline value prevailing on the date of approval of the plan – The writ petition was dismissed by the Single Judge of the High Court – However, the Division Bench of the High Court set aside the order of the Single Judge – On appeal, held: No right accrues to the builder by mere submission of a plan for construction of a building which has not been sanctioned by the Competent Authority – The rates prevailing at the time of granting of permission are the rates which an applicant has to pay – The respondent/applicant cannot claim the benefit of the earlier guideline value existing prior to the date when approval was granted by the Government – Therefore, the respondent will have to pay FSI Premium charges based on the guideline value as existing on the date of grant of approval – When the Government sanctioned the approval on 29.05.2012, the Division Bench of the High Court erred in directing the appellant to calculate the FSI charges as per the guideline value as on 04.05.2011 – The impugned Judgment of the Division Bench of the High Court, therefore, set aside.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 1356
Petitioner	Chennai Metropolitan Development Authority Represented By Its Member Secretary
Respondent	D. Rajan Dev And Others
SCR	[2019] 16 S.C.R. 1095
Judgement Date	2019-12-11
Case Number	9336

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Chennai Metropolitan Development Authority Represented By Its Member Secretary Vs. D. Rajan Dev and Others

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