- 1 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 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.5277 OF 2021 (LB-BMP) BETWEEN: 1. BASAVANAGOUDA M. PATIL AGED ABOUT 27 YEARS, S/O M.B. PATIL, R/AT 27/7, SANKEY ROAD CROSS, BANGALORE-53. …PETITIONER (BY SRI. LATHA S. SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS UNDER SECRETARY. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BANGALORE-01 REPRESENTED BY ITS UNDER SECRETARY. 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIMEMENTARY AFFAIRS AND LEGISLATION Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-01 REPRESENTED BY ITS SECRETARY. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560 002. 5. ASSISTANT DIRECTOR TOWN PLANNING (EAST), BBMP UTILITY BUILDING, MAYOHALL 22ND FLOOR M.G. ROAD, BENGLURU-560 001. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R.1 & R.2; SRI K.B. MONESH KUMAR, ADVOCATE FOR R.4 & R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO.23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998) AS CONTAINED IN (ANNEXURE-A) IN SO FAR AS SECTION 18-A(i) AND (iv) OF THE KARNATAKA ACT NO.23 OF 2004 IS CONCERNED, ETC. - 3 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 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 ORAL ORDER The captioned petition is filed seeking for the following reliefs: "Wherefore the Petitioners respectfully pray that this Hon'ble Court may be pleased to: a. Grant an order, direction or writ in the nature of Certiorari quashing Section 18-A of the Karnataka Town & Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 (Karnataka Town & Country Planning (Amendment) Act, 1998) as contained in (Annexure A) in so far as Section 18-A(i) and (iv) of the Karnataka Act No. 23 of 2004 is concerned: b. Issue a writ in the nature of certiorari or any other writ, order or direction quashing the Notification issued by Respondent No.1 bearing No.UDD 3 TTP 2015 dated 25.02.2020 in so far - 4 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 as the amended Rule 37-A and 37-C is concerned (Annexure B) c. Issue a writ in the nature of certiorari or any other writ, order or direction quashing the Circular dated 14.08.2020 bearing No. He.Ni.Ka.Pa.Ko/P.R./320/2020-21 issued by Respondent No.4 in so far as the amended Rule 37-A and 37-C is concerned (Annexure C). d. Issue a writ in the nature of certiorari or any other writ, order direction quashing the Circular dated 04.09.2015, bearing No. Heninayo/ JD (N)/DM3/PR/320/2015-16 issued by the respondent No 4 (Annexure D). e. Issue writ in the nature of certiorari or any other writ, order or direction quashing the Government order bearing No.LD/300/LET/2006 dated 18/01/2007 and the Corrigendum order bearing No.LD/300/LET/2006 dated 28.02.2007 issued by Respondent No 2 mandating upfront collection of Labour Welfare cess (Annexure E) in so far the petitioner is concerned f. Issue a writ in the nature of certiorari or any other writ, order or direction quashing the Demand Notice issued by Respondent No.5 bearing No. BBMP/Ad Com/EST/0794/20-21 - 5 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 dated 27.01.2021 in so far as the Ground rent, GST on Ground rent, Betterment charges for building and site, excess security deposit, excess license fee, cess for Lake Rejuvenation, Compound Wall, Road cutting, 1% Administration charges on Labour Labour cess and etc are concerned as illegal without jurisdiction and arbitrary (Annexure F) g. Issue a writ in the nature of mandamus directing the Respondent No 4 and 5 BBMP to issue modified sanction plan with respect to the schedule property without insisting the Ground rent, GST on Ground rent, Betterment charges for building and site, excess security deposit, excess license fee, cess for Lake Rejuvenation, Compound Wall, Road cutting 1% Administration charges on are Labour, Labour cess and etc., in so far as petitioners are concerned. h. Issue a writ in the nature of mandamus or any other writ, order or direction declaring the ground rent levied on the Petitioners for obtaining plan sanction is bad in law, since the Petitioners are not using the public land/property for stocking of building materials for construction purpose in do far as petitioners are concerned. - 6 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 i. Grant such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity." 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 - 7 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 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 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. - 8 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 (ii) The impugned demand notice dated 27.01.2021 issued by respondent No.5 as per Annexure-F is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be. (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. - 9 - HC-KAR NC: 2025:KHC:21730 WP No. 5277 of 2021 Pending applications, if any, are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE VMB List No.: 2 Sl No.: 24