LAWS(KAR)-2025-1-42

SOBHA LIMITED Vs. BRUHAT BANGALORE MAHANAGARA PALIKE

Decided On January 20, 2025
Sobha Limited Appellant
V/S
BRUHAT BANGALORE MAHANAGARA PALIKE Respondents

JUDGEMENT

(1.) In these writ petitions, the challenge is to the demand made by the Bruhat Bengaluru Mahanagara Palike ('BBMP') for payment of improvement expenses.

(2.) It is not in dispute that the petitioners have paid the improvement expenses and therefore, prayers are also made for refund of the amounts paid as improvement expenses.

(3.) The learned Senior Counsel appearing for the petitioners submits that the BBMP does not possess the jurisdiction to demand the improvement expenses since Rule 6 of the Karnataka Municipal Corporations (Recovery of Improvement Expenses) Rules, 2009 [for short, 'the 2009 Rules'] does not enable them to demand improvement expenses in respect of the layouts approved by the Planning Authority.