Disability self-help unit exempted from Infrastructure and Amenities fee in Tamil Nadu

CMDA told to approve building plan permit for construction

Published: 03rd September 2017 07:20 AM  |   Last Updated: 03rd September 2017 07:20 AM   |  A+A-

By Express News Service

CHENNAI: The Madras High Court has granted a self-help institution an exemption from paying Infrastructure & Amenities (I&A) charges and has asked the CMDA to approve the building plan permission for construction.

The petitioner, Nethrodaya, had sought to quash a letter from the CMDA that denied them an exemption from payment of Infrastructure & Amenities (I&A) charges. Nethrodaya is a self-help institution that works for the betterment of the differently-abled community.

They approached the High Court to seek approval for building plan permission for the second floor construction to the petitioner without having to pay infrastructure, amenities, regularisations fee and security deposit.

The CMDA in its letter had said that Nethrodaya would not be exempted from paying the charges as no institution has been exempted from paying the I&A charges. Further, the CMDA mentioned that if such a relaxation was given, it would  set a precedent for others to claim.

The judge, M Sathyanarayan, cited Section 113 of the Tamil Nadu Town and Country Planning Act, 1971 that specifies that the government may, subject to certain conditions, by notification, exempt any land or building or class of lands or building from all or any of the provisions of this Act or rules or regulations.
“In the light of the welfare acts being performed by the writ petitioner as pointed out, it is entitled to apply for the exemption of payment of the I&A charges under the above said provision,” said Justice Sathyanarayan.

The court said that the CMDA, being the statutory authority, shall also bear in mind the objects of the Disabilities Act, 2016. The government of TN shall also take into consideration this act and amend the Section 63 (8) of the Tamil Nadu Town and Country Planning Act, 1971 in respect of similar institutions.

“The plea is partly allowed and the impugned letter of the CMDA is set aside and the petitioner is at liberty to submit a representation seeking exemption for payment of I&A charges, within a period of two weeks from the date of receipt of the copy of this order to the Housing and Urban Development Department.” The court provided the Housing and Urban Development Department 12 weeks to issue appropriate orders regarding the same.

In light of welfare acts

Justice Sathyanarayan said “In the light of welfare acts being performed by the petitioner as pointed out, it is entitled to apply for the exemption of payment of I&A charges under the above said provision. As and when any representation is received in that regard from the petitioner, the Housing & Urban Development Dept shall positively consider it within a stipulated time.”


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp