VidhiSangh

Supreme Court of India · 22/10/2019

BIHAR INDUSTRIAL AREA DEVELOPMENT AUTHORITY & ORS. versus AMIT KUMAR & ORS.

[2019] 14 S.C.R. 1 · 2019 INSC 1177

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

Summary

The Court upheld BIADA’s policy assessing its share of unearned increase on transferred industrial land by reference to the applicable circle rate, rather than merely the original allotment price plus development charges. Valuation was to relate to the date of transfer. Relief varied between the appeals because of earlier protection, payments already made and an unresolved shareholding question.

Issues

  1. Whether BIADA could assess unearned increase using the circle rate and which date governed valuation.
  2. What relief followed in the individual appeals.

Provisions considered

Held

Result

The appeals were disposed of with separate directions. No recovery was permitted in Appeal 8219. The specified Rs.4,25,250 payment carried 9% interest from 10 March 2005 to 14 April 2007, payable within two months, followed by execution of the lease within two further months. Appeal 8222 was disposed of accordingly. Appeal 8221 was remitted to the High Court to determine the initial shareholding and resulting transfer-charge liability.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 1.