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october 2019

Supreme Court of India · 2019-10-22

BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY vs AMIT KUMAR

Citation / case number
SC 2015/33057
Court
Supreme Court of India
Petitioner
BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY
Respondent
AMIT KUMAR
Author
HON'BLE MR. JUSTICE DEEPAK GUPTA
Bench
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE DEEPAK GUPTA

Judgment text excerpt

The Supreme Court addressed the issue of whether the Bihar Industrial Area Development Authority (BIADA) could recover unearned increase based on market value or circle rate when land allotted for industrial purposes was transferred by the allottee. The court upheld the Patna High Court's decision, stating that BIADA is entitled to recover only the unearned increase based on the cost of land and development charges, not the market value. This judgment clarifies the interpretation of lease agreements regarding the transfer of land rights.

BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY vs AMIT KUMAR · Niyam