The High Court of Karnataka has set aside a demand by the BBMP for ₹69.7 lakh from a school as betterment charges to sanction the plan for additional four floors for more classrooms and other facilities for students.
Justice M. Nagaprasanna passed the order while quashing the July 7, 2014, order of the BBMP demanding from Good Shepherd Convent, on Museum Road, to pay the betterment charges in addition to ₹1.16 lakh paid by the school as scrutiny fee for sanctioning the building plan as per the law.
The BBMP had claimed that it had the power to collect betterment charges under Section 18 and 18A of the Karnataka Town and Country Planning (KTCP) Act, 1961.
The court noted that the sections under which the BBMP demanded the betterment charges, surcharge, and cess were for permitting change of land use but the school was not seeking such a change.
On the BBMP’s claim that the petitioner-school, which was established long ago, has not applied for any such sanction, or has paid any betterment fee, and the civic body has no other alternative except to raise a demand under KTCP Act, the court said such claim cannot be accepted as any charge or fee can be levied only as per the law.
While quashing the BBMPs demand, the court directed the BBMP to consider petitioner’s application in accordance with law.
