The High Court on Friday said that the Bruhat Bangalore Mahanagara Palike (BBMP) was independent in collecting betterment charges as well as specifying the amount.
A division bench comprising Chief Justice Vikramjit Sen and Justice B V Nagarathna, stayed an earlier order setting aside the differential rates of betterment charges fixed by the BBMP.
Hearing a petition by the BBMP, questioning the order passed by Justice B S Patil on April 20, the bench stayed the order till the next date of hearing.
Earlier, Justice Patil had set aside the differential rates of betterment charges fixed by the BBMP, by terming them “arbitrary and unreasonable”, while reserving liberty to the BBMP to undertake the exercise afresh of qualifying the betterment charges and the collection.
Disposing of 300 petitions challenging the Karnataka Municipal Corporation (Recovery of Improvement Expenses) Rules 2009, he had made it clear that the BBMP cannot deny registration of “khata” in favour of citizens on the grounds of non-payment of betterment charges.
However, the judge had upheld the validity of all other provisions of the rules, including the provision for collecting betterment charges retrospectively from January 1, 2007.
The Rules were notified on March 2, 2010