VidhiSangh

Supreme Court of India · 16/10/2024

THE PATNA MUNICIPAL CORPORATION & ORS. versus M/S TRIBRO AD BUREAU & ORS.

[2024] 10 S.C.R. 1381 · 2024 INSC 784

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Summary

The Patna Municipal Corporation charged advertising agencies a per-square-foot royalty for hoardings, agreed with them in 2005 and raised in 2007, and the High Court struck it down as a tax levied without legislative authority under Article 265. The Supreme Court held the charge was royalty under an agreement, not a tax, so it needed no taxing statute or regulations; the Corporation could revise it and citing the wrong provision did not invalidate it. Penalty was set aside, but the enhanced royalty was held payable with interest.

Issues

  1. Whether the Corporation's charge on hoardings was a tax requiring legislative authority under Article 265, or royalty payable under an agreement.
  2. Whether the enhancement from Re. 1 to Rs. 10 per square foot per year was valid, and whether citing Section 431 of the Bihar Municipal Act, 2007 invalidated it.
  3. Whether the Corporation could impose penalty for non-payment, and on what terms arrears were recoverable.

Provisions considered

Held

Result

Appeals disposed of; High Court judgment set aside to the extent it struck down the royalty; Rs. 10 per square foot payable by the respondents and similarly placed agencies from when the resolution was made public or communicated, whichever is later, with 6% simple interest; penalty set aside; Corporation to compute dues within 4 weeks and parties to pay within 16 weeks thereafter, failing which 10% interest applies and dues are recoverable under the Bihar and Orissa Public Demands Recovery Act, 1914; payments above Re. 1 per square foot to be adjusted; parties to bear own costs.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1381.