HC dismisses petition on CMDA

Chennai, Dec 20 (UNI) The Madras High Court today dismissed a petition, seeking to restrain the Chennai Metropolitan Development Authority (CMDA) from insisting payment of infrastructure and development charges from the multi-storeyed and special buildings for issuance of planning permission.

A division bench comprising Justice P Sathasivam and Justice S Tamilvanan dismissed the petition filed by Mr M Chandru and 28 others, who also sought to declare the amended Section 6 (2) (XII) (a) and 81 (2) (jj) of the Chennai Metropolitan Water Supply and Sewerage Act as ultra vires, unconstitutional and colourable exercise of power.

The petitioners contended that the demand for infrastructure and development charges payable to the Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) has no nexus to the main scheme of the Act and the demand itself was illegal. The board did not pass any regulation and fixing up of Rs 64 per square metre was arbitrary and there was no nexus between the claim and the area of development, they said as per the Preamble of the Act, it was for the board to provide the infrastructure for effecting service connection to the building in Chennai City. In any event, the CMDA has no power to collect the charges on behalf of CMWSSB.

Dismissing the petition, the bench observed that ''We are satisfied that the CMWSSB was charging infrastructure development only for the services rendered and to strengthen and maintain the water supply and sewerage infrastructure. Section 59 of the Town and Country Planning Act enabled the CMDA to levy developmental charges.

''The demand was beneficial to the applicants since at one place that was at the time of processing of the plan, he pays all the charges payable to CMDA and the CMWSSB. It helps the applicants to get process the planning permission application at one location and to avoid duplication of work and to do the process simple under Single window system,'' it observed.

The bench said the charges collected not only cover the sewer line but also utilised for the development of infrastructure right from the source of the distribution point in case of water supply and interception of collection of sewerage from the premises and disposed the same after appropriate treatment at the sewerage treatment plant. ''The special building and multi-storyed buildings are responsible for the sudden spurt in demanding the infrastructure facilities at high rate and some time it requires huge investment. We are of the view that the CMDA claimed the charges only based on the regulation and approval by the government,'' the bench added.

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