Madras High Court orders Tamil Nadu government to help NGO in paying amenities charges

Nolambur-based Nethrodaya Public Charitable Trust sought waiver of infrastructure and amenities charges for an additional construction of second floor. 
The Madras High Court
The Madras High Court

CHENNAI: The Tamil Nadu government is caught in a dilemma whether to waive infrastructure and amenities charges for a public charitable Trust for constructing additional floor for training centre and residential home for the visually impaired, following a Madras High Court order.

Nolambur-based Nethrodaya Public Charitable Trust sought waiver of infrastructure and amenities charges for an additional construction of second floor and for building a residential home for visually impaired in October, 2007. The organisation, which has been providing career enabling facilities to underprivileged boys and girls was also honoured by the government with an award for the best social service institution in 2012.

The Chennai Metropolitan Development Authority, the agency for granting approval, forwarded the proposal to the government which had rejected the plea, stating that no institution has been exempted from payment of these charges and if such relaxation was given, it would become a precedent for others to make a similar request.  

In 2014, the CMDA again asked the Trust to pay infrastructure and amenities charges under the Special Building Rate rules. Since the applicant had not paid the charges, the agency sent  another letter to the Trust, asking it to pay development charges.

Following this, the managing trustee approached the HC which, in turn, directed the government to consider his plea for waiver of the charges in view of welfare acts of the institution.

As a result, the Welfare of Differently Abled Persons Department was asked to offer its remarks on the issue of exempting Nethrodaya from payment of infrastructure and amenities charges and on providing a grant or a subsidy to the non-governmental organisation rather than exempting it from paying charges under statutory Act.

Since the department did not have any scheme or provision to provide for such grant to cover infrastructure and amenities charges, the Finance Department proposed to extend a special grant-in-aid through a special budgetary provision for the Welfare of Differently Abled Person Department to defray the infrastructure and amenities charges amounting to `7.92 lakh payable by Nethrodaya to the Chennai Metropolitan Development Authority. It is learnt that the proposal may be cleared soon.

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