THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS MEMBER SECRETARY vs D. RAJAN DEV

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

A developer applied in May 2011 for permission to increase Floor Space Index (FSI) under a Premium scheme, offering additional charges. The application was returned for defects, resubmitted with revisions, and finally approved by the Government in May 2012. By then, guideline property values had increased. CMDA charged Premium FSI based on the higher May 2012 rate. The developer contested, seeking the lower April 2011 rate applicable when he applied. The High Court sided with him. The Supreme Court reversed, holding that no legal right vests in an applicant until approval is granted. Thus, the rate applicable on the approval date governs the charge, not the application date.

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Administrative Law Urban Development Building Permissions Floor Space Index Government Approvals Vested Rights

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