Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Entitlement to Industrial Development Recovery of unearned increase |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Industrial Development – Recovery of unearned increase – Entitlement to – An allotment was made to the allottee of a land for industrial purposes – A lease deed was entered into between the State of Bihar (rights were later transferred to Bihar Industrial Area Development Authority (BIADA)) and the allottee – A committee was constituted by the Government of Bihar to lay down the modalities and fees for transfer of industrial estates from allottees to some other persons – Pursuant thereto, BIADA fixed the cost of the land on the basis of the circle rate applicable for further transfer – High Court held that when the allottee of land further transferred land to some other entity, the BIADA was only entitled to recover the unearned increase on the basis of cost of land and development and not on the basis of the market value of the land or the circle rate of the land – Propriety of – Held: Not proper – The land was given to the original allottee at a price fixed by BIADA – When allottee transfers and get something more for the land or the market value as reflected in the circle rate is much more than the price at which the land was allotted to the allottee, there is no reason why the allottee should pocket all the unearned increase and BIADA, which was the original owner of the land should be deprived of a reasonable portion of the unearned increase from the value of the land – Therefore, fixing the cost of land on basis of the circle rate applicable by BIADA was legal and valid. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1177 |
Petitioner | Bihar Industrial Area Development Authority & Ors. |
Respondent | Amit Kumar & Ors. |
SCR | [2019] 14 S.C.R. 1 |
Judgement Date | 2019-10-22 |
Case Number | 8219 |
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