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Supreme Court of India 2019-12-11 allowed

Chennai Metropolitan Development Authority represented by its Member Secretary vs D. Rajan Dev and Others

Bench: 3 — <UNKNOWN>

In Brief

The Chennai Metropolitan Development Authority challenged a High Court decision on Premium FSI (Floor Space Index) charges for additional construction approval. The Supreme Court held that the crucial date for determining applicable FSI charges is the date the authority grants formal approval, not the date the application with revised plan is filed. The Court ruled that no enforceable rights accrue to an applicant until the approval is formally granted. Merely forwarding a proposal to the Government does not create any rights. The appeal was allowed and the High Court judgment was set aside.

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Urban Development Administrative Law Real Estate Regulation Planning and Zoning Rate Determination

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