Summary
The Court held that premium floor-space-index charges were payable at the guideline land value prevailing when the Government approved the revised building plan. Filing an application or forwarding a recommendation did not create a vested right to earlier rates. No undue administrative delay was established, and decisions concerning delayed land-use conversion applications were distinguishable. CMDA could recover the balance charges under its rules.
Issues
- Whether premium FSI charges were governed by guideline value on application or on governmental approval.
- Whether processing time or the prior recommendation justified using the earlier rate.
Held
- Regulation 36 made governmental approval and collection of prescribed charges mandatory. A recommendation forwarding the proposal was not approval and conferred no accrued right. The decisive date was governmental approval on 29 May 2012. (¶¶ 13, 14, 15, 16, 17)
- Mere pendency of a planning application did not create a vested right. Approval required scrutiny and could be refused; the rates in force when permission was granted therefore applied. Prestige Estates governed the premium FSI claim. (¶¶ 18, 19, 20, 21, 22)
- The application required rectification and interdepartmental scrutiny; after corrected plans were submitted it was placed before the panel within a month. No undue delay was found. Cases concerning land-use conversion and prolonged delay did not control these facts. (¶¶ 23, 24)
- The Division Bench erred in directing application-date guideline values despite later governmental approval. CMDA remained entitled to recover the unpaid premium FSI charges in accordance with its regulations and rules. (¶¶ 25, 26, 27)
Result
Appeal allowed without costs. The Division Bench judgment was set aside; CMDA was left free to recover the balance premium FSI charges under its regulations and rules, using the guideline value applicable on approval.