VidhiSangh

Supreme Court of India · 02/09/2020

SHRIDHAR C. SHETTY (DECEASED) THR. LRS. versus THE ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY AND ORS.

[2020] 6 S.C.R. 1003 · 2020 INSC 529

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court invalidated a demand for the market value of seven tenements that a developer had failed to provide under an urban-land exemption. The developer remained responsible for the exemption conditions despite transferring development rights, but his undertaking to pay could not confer a recovery power absent from the statute. The authority could pursue statutory consequences for breach; it could not treat the unsupported market-value demand as land-revenue arrears.

Issues

  1. Whether the competent authority could recover the market value of unprovided tenements despite lacking an express statutory power.
  2. Whether a private development agreement or conditional no-objection certificate relieved the exemption holder of his obligations.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and the impugned market-value demand held beyond statutory power and unsustainable.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 1003.