In Brief
A bulk cement terminal operator, allotted land by the Karnataka Industrial Areas Development Board (KIADB), challenged a demand for betterment fees under the Karnataka Town and Country Planning (KTCP) Act, 1961. The operator argued that once KIADB declared the area industrial, no further development permission or fees were required. The High Court agreed. The Supreme Court reversed, holding that the KTCP Act and KIAD Act operate in different fields. KTCP governs all development activities and building permissions throughout the State, including industrial areas. The Planning Authority's power to levy betterment fees for development permission under Section 18 of KTCP Act applies regardless of KIAD designation. The two Acts must be harmoniously construed, and the maxim that special law prevails over general law does not apply when the Acts have wholly different objectives and areas of operation.
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