Supreme Court of India · 2018-11-27
BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY vs BIRLA SUPRER BULK TERMINAL(NOW A UNIT OF ULTRA TECH CEMENT LIMITED
- Citation / case number
- SC 2006/1876
- Court
- Supreme Court of India
- Petitioner
- BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY
- Respondent
- BIRLA SUPRER BULK TERMINAL(NOW A UNIT OF ULTRA TECH CEMENT LIMITED
- Author
- HON'BLE MRS. JUSTICE R. BANUMATHI
- Bench
- HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MRS. JUSTICE R. BANUMATHI
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the betterment fee levied under Section 18 of the Karnataka Town and Country Planning (KTCP) Act, 1961, stating that the acquisition under the Industrial Area Development Act involved a change of land use and development by the Karnataka Industrial Areas Development Board (KIADB). The Court established that once land is acquired for industrial purposes, additional levies such as betterment fees are not sustainable. Consequently, the appeal was dismissed, affirming the High Court's ruling.