Ratnakar Baral Vs BBSR Development Authority (Orissa High Court)
In a ruling from the Orissa High Court, the court has directed the Bhubaneswar Development Authority (BDA) to refund an excess amount of money to petitioner Ratnakar Baral, which he had paid as “consent charges” for the transfer of a property. The case, which was heard in physical mode, centered on a dispute over the correct method of calculating these charges and the BDA’s refusal to return the overpaid amount.
The petitioner, represented by his Senior Advocate Mr. Nanda, argued that he had paid the consent charges under a mistaken notion. He had calculated the charges based on the market value of both the plot and the building constructed on it, while the BDA’s own internal office order, dated May 27, 2015, stipulated that the charges should only be levied on the market value of the plot alone. As a result, he contended that the BDA was wrongly retaining an amount that was not legally owed.
The BDA, in its defense, contended that the petitioner had voluntarily made the valuation and payment, and therefore, he should not be permitted to seek a refund. The authority’s representative also argued that allowing such a petition would “place a premium on the mistake of the party.”
