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    <title>2009 (1) TMI 875 - Supreme Court</title>
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    <description>A statutory scheme requiring a colonizer either to construct schools, hospitals, community centres and similar facilities at its own cost or to transfer the earmarked land free of cost did not permit an additional levy for those internal community buildings as part of external development charges. The court noted that internal and external development works were dealt with separately, and there was no express authority in the Act, Rules or licence agreement for the monetary demand once land had been transferred free of cost. Payment under protest did not amount to waiver or acquiescence because the payer consistently objected to the levy and acted under threat of licence cancellation. The demand was therefore unsustainable, and the amount paid was to be adjusted according to law.</description>
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    <pubDate>Fri, 23 Jan 2009 00:00:00 +0530</pubDate>
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      <title>2009 (1) TMI 875 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=182137</link>
      <description>A statutory scheme requiring a colonizer either to construct schools, hospitals, community centres and similar facilities at its own cost or to transfer the earmarked land free of cost did not permit an additional levy for those internal community buildings as part of external development charges. The court noted that internal and external development works were dealt with separately, and there was no express authority in the Act, Rules or licence agreement for the monetary demand once land had been transferred free of cost. Payment under protest did not amount to waiver or acquiescence because the payer consistently objected to the levy and acted under threat of licence cancellation. The demand was therefore unsustainable, and the amount paid was to be adjusted according to law.</description>
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      <pubDate>Fri, 23 Jan 2009 00:00:00 +0530</pubDate>
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