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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.

BANGALORE INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY vs BIRLA SUPRER BULK TERMINAL(NOW A UNIT OF ULTRA TECH CEMENT LIMITED · Niyam