Bengaluru: In the setback for Bruhat Bengaluru Mahanagara Puku, Karnataka High Court has called Byels where lease land, license fees, building license fees, supervision costs and guarantee funds are searched for “Ultra Vires of the Karnataka Municipal Corporation ACT and cannot be implemented “And adding that connecting levies to the guidance value has caused” citizen bleeding “.
Hundreds of property owners, apartment residents and builders have challenged cost-based cost levies.
“Even the rupee cannot be taken from citizens as a cost except in accordance with the law,” Justice M Nagaprasna has observed his orders, citing the assessment of the Supreme Court and the High Court, which said costs can be charged for the services provided for profit.
Individuals and if no service is given, then such costs will take tax characters.
Applicant has the right to get a refund: Courtdeclining to accept BBMP arguments that the city and the road must remain clean and the retribution is valid since they entered the BBMP funds regulated in the law, the judge said this was considered “unsustainable” the power to impose the retribution was not available Under the law.
“Connecting the levies stabbed to the value of the guide …
has caused residents’ bleeding.
The argument (BBMP) is unacceptable,” The judge had observed, dismissing BBMP 4 September 2015 circling on cost retribution.
However, the judge has added that the state or BBMP government is not blocked carrying levies under the actions or rules by making appropriate amendments.
The BBMP claims to have strength under Section 295 (1) (a) and (b) to make the Byels related to the building and the challenged costs have been charged using strength.
The judge said the Petitioner had deposited the number of requests in accordance with the command while the court was entitled to a refund.
Those who have paid for BBMP must also get a refund.
As far as all other payments are considered, residents can approach BBMP, which can consider refunds according to law and court findings in 12 weeks.
Circular lake fees, the High Court canceled January 27, 2017 and March 30, 2017 circular to benefit the cost of rejuvenation of the lake and only said the planning authorities – BDA – can collect fees under the laws of the city and country.
Fuel costs violate the law, cannot be enforced: HC
