A builder will not acquire any right by submitting an application for a building plan. The right will accrue only after the approval of the plan and therefore, the builder is liable to pay the development charges on the basis of the prevailing rate on the date of approval, the Madras High Court has observed.
Justice KK Sasidharan made the observation on Tuesday while dismissing a writ petition from BEN Foundation seeking to quash the orders of the CMDA demanding premium FSI charges of `35.10 lakh.
Sasidharan maintained that ‘balcony’ within the meaning of Regulation 2(7) of the Development Regulations for Chennai Metropolitan area would qualify for exclusion of space for computation of premium FSI and coverage.
Sit-in balcony without cantilever projection within the building line would not come within the purview of balcony.
The petitioner, putting up a residential-cum-shopping complex in Padi, applied for planning permission and it was granted in July 2009.
The petitioner contended that it was liable to pay the premium FSI charges as per the guideline rate prevailing on the date of sanctioning the application for planning permission or the rate in force as on the date of application.
It also contended that the sit-in-balcony within the building line without cantilever would come within the meaning of balcony and the same should be excluded while computing FSI charges, which Justice Sasidharan rejected.