The Karnataka Excessive Court docket has quashed the discover of ₹69 lakh in betterment cost the Bruhat Bengaluru Mahanagara Palike (BBMP) demanded from the 150-year-old Good Shepherd Convent right here. The college sought to construct a further 4 flooring on an current 100-year-old constructing on its campus. 

However the BBMP calculated betterment cost on all the 23 acres of land. The Court docket, nevertheless, discovered that there was no provision of regulation beneath which BBMP may make such a requirement. Justice M Nagaprasanna in his current order, stated, “If there isn't any provision to cost payment there could be no demand and if there isn't any provision for imposition of impost, there could be no impost, is the settled precept of regulation.” 

The Good Shepard Society/ College stands on 23 acres “within the coronary heart of town.” The college made an software in 2014 earlier than the BBMP looking for license to assemble 4 further flooring on the present constructing. It additionally paid a scrutiny payment of ₹1,61,438. The BBMP raised a requirement of ₹69,70,520 as betterment cost. 

The matter reached the HC the place BBMP claimed the demand was made beneath Part 18 of the Karnataka City and Nation Planning Act. The Court docket, nevertheless, identified that this Part may very well be invoked provided that the appliance was made for change of land use. 

However the College had solely sought to construct further flooring. It rejected the competition of BBMP that the college had not paid betterment payment up to now and the civic physique is due to this fact attempting to invoke Part 18 as a requirement operating counter to regulation. 

The BBMP order demanding the betterment cost dated July 7, 2014 was quashed as “the impugned demand made by the BBMP is rendered unsustainable and it has no authorized legs to face,” the Court docket stated. Nevertheless, the BBMP was allowed to examine the property and lift any demand “strictly in consonance with regulation.”