- 1 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.2210 OF 2023 (LB-BMP) BETWEEN: 1. SMT. SHANTHA KELAVADI W/O. RANGANATH KELAVADI AGED ABOUT 72 YEARS R/O. NO.43, 1ST A CROSS 5TH 'A' BLOCK KORAMANGALA BENGALURU-560095. …PETITIONER (BY SRI. VISHWANATH H M., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 3. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE-560 002. 4. THE ASSISTANT DIRECTOR TOWN PLANNING-MAHADEVAPURA BRUHAT BENGALURU MAHANAGARA PALIKE RHB COLONY, WHITEFIELD MAIN ROAD BENGALURU-560 048. …RESPONDENTS (BY SRI. VISHWANATH H.M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE L.P.NO.BBMP/AD.COM. /MDP/0677/22-23, DATED 17.01.2023 PRODUCED AT ANNEXURE-A ISSUED BY RESPONDENT NO.4 AS ARBITRARY AND ILLEGAL, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 ORAL ORDER The captioned petition is filed seeking for the following reliefs: "WHEREFORE, the Petitioner respectfully prays that this Hon'ble Court may be pleased to issue a writ of certiorari or similar writ or order or direction; a. To quash the impugned demand notice L.P.No.BBMP/Ad.Com./MDP/0677/22-23, dated 17.01.2023 produced at Annexure- A issued by Respondent No.4 as arbitrary and illegal. b. To quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at ANNEXURE-D in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. c. To quash the Notification issued by the 1ª Respondent bearing No. UDD 3 TPP 2015 dated 25.02.2020 as contained in ANNEXURE-E in so far the amended Rule 37-A and Rule 37- C are concerned. - 4 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 d. To quash the Government Order issued by the 2nd Respondent bearing G.O. No. LD 300 LET 2006 dated 18/01/2007 and the Corrigendum bearing No. LD 300 LET 2006 dated 28/02/2007 directing upfront collection of labour welfare cess, as contained in ANNEXURE-F. e. Quash the bye-law No.3.9 in the Bengaluru Mahanagara Palike Building Bye-laws, 2003 framed under the Karnataka Municipal Corporations Act as unconstitutional, arbitrary, illegal and ultra vires: f. Direct the Respondent Nos.3 and 4 to issue building fresh plan and license pursuant to their communication issued by the Respondent No.4 without insisting for payment of amount mentioned above g. Issue any other appropriate writ or order or direction deemed fit in the circumstances of the case, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 2. The Co-ordinate Benches of this Court, in W.P.No.23086/2022 and connected matters(herein referred to as “M/s Sapthagiri Shelters”) as well as W.P.No.36017/2018 and connected matters(herein referred to as “Sunderam Shetty”), have comprehensively adjudicated the issue involved and settled the controversy. In Sunderam Shetty and connected cases, the Co- ordinate Bench declared the levies of Ground Rent, License Fee, Building License Fee, and Scrutiny Fee under the relevant bye-laws as ultra vires the Act and quashed the Government Circulars dated 04.09.2015, 27.01.2017, and 30.03.2017 and similarly, in M/s Sapthagiri Shelters and connected matters, the Co-ordinate Bench struck down the Karnataka Act No.01 of 2022 and Karnataka Act No.37 of 2024, holding that linking fees under Rule 37-A of the Karnataka Planning Authority Rules, 1965 to market/guidance value under Section 45-B of the Karnataka Stamp Act, 1957 is illegal. It further quashed all related Circulars and declared Clause 3.8 of the BBMP - 6 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 Building Bye-laws, 2003, pertaining to Ground Rent, as invalid. 3. The issues raised in the present writ petition are squarely covered by the above binding decisions, wherein the relevant bye-laws and government circulars have been set aside. 4. In light of the authoritative pronouncements, the present petition does not warrant separate adjudication and is liable to be allowed in terms of the operative directions issued in the aforesaid writ petitions. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 17.01.2023 issued by respondent No.4 as per Annexure-A is hereby set-aside. - 7 - HC-KAR NC: 2025:KHC:21744 WP No. 2210 of 2023 (iii) Respondent - BBMP is hereby directed to issue fresh sanction plan. (iv) Respondent - BBMP is directed to forthwith process the petitioner’s application seeking building license and sanction of the building plan, strictly in accordance with law. (v) It is made clear that the issuance of the building license and approval of the plan shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. (vi) If the building license and sanction plan are issued, the same shall be subject to the outcome of any appeal that may be filed by the BBMP against the said judgment. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VMB List No.: 2 Sl No.: 38