- 1 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 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.5492 OF 2021 (LB-BMP) BETWEEN: 1. MR. RAJA JAYASHANKAR S/O. LATE RAJA SREEKANTAIAH SETTY AGED 81 YEARS RESIDING AT NO.3, 36TH CROSS ROAD 8TH BLOCK, JAYANAGAR BENGALURU - 560 070. 2. MR. RAJA UDAYASHANKAR S/O. RAJA JAYASHANKAR AGED ABOUT 55 YEARS RESIDING AT NO.3, 36TH CROSS ROAD 8TH BLOCK, JAYANAGAR BENGALURU - 560 070. 3. 4. MR. RAJA SUCHINDRA S/O. MR. RAJA JAYASHANKAR AGED ABOUT 53 YEARS RESIDING AT F-2, 'RAJAMAHALAKSHMI' NO.12, BASAPPA ROAD SHANTHINAGAR BENGALURU - 560 027. MR. RAJA DATTA KUMAR S/O. MR. RAJA JAYASHANKAR AGED ABOUT 51 YEARS G-1, 'MEENAKSHI MANOR' NO.14/2, 10TH 'D' MAIN ROAD 5TH CROSS ROAD, FIRST BLOCK JAYANAGAR, BENGALURU-560 011. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 5. MR. C. CHOWRIRAJ S/O. CHOWRAPPA @ PRAKASHAPPA AGED ABOUT 74 YEARS RESIDING AT CHIKKA KAMANAHALLI VILLAGE GOTTIGERE POST, BANNERGHATTA ROAD BENGALURU SOUTH TALUK-560 083. ALL ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY: PURAVANKARA LIMITED (FORMERLY PURAVANKARA PROJECTS LTD) A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 130/1, ULSOOR ROAD BANGALORE - 566 043 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. B. PRAVEEN KUMAR. …PETITIONERS (BY SRI JOSEPH ANTHONY, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE-560 001 REPRESENTED BY ITS SECRETARY. 3. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE - 3 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 BENGALURU-560 027 REPRESENTED BY THE COMMISSIONER. 4. JOINT DIRECTOR (TOWN PLANNING-SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R. CIRCLE BANGALORE-560 002. …RESPONDENTS (BY SMT. SPOORTHY V. HCGP FOR R-1 AND R-2; SRI V.G. BHANUPRAKASH, FOR R-3 AND R-4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH BYE-LAW 3.9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE- LAWS, 2003 AS UNCONSTITUTIONAL, ARBITRARY, ILLEGAL AND ULTRA-VIRES, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS WRIT 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 most respectfully prays that this Hon'ble Court be pleased to: a) Grant an order, direction or writ in the nature of Certiorari quashing Bye-Law 3.9 of the Bangalore Mahanagara Palike Building Bye- - 4 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 Laws, 2003 as unconstitutional, arbitrary, illegal and ultra-vires, in the interest of justice and equity; b) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the Respondent No. 2 bearing No. UDD 3 TPP 2015 dated February 25, 2020 (Annexure G) insofar as the inserted Rules 37-A and 37-C are concerned; c) Grant an order, direction or writ in the nature of Certiorari quashing the circular dated August 14, 2020, bearing No. He.Ni. Ka.Pa.Ko/P.R/320/2020-21 issued by the Respondent No. 4 (Annexure H) in so far the Petitioners are concerned. d) Grant an order, direction or writ in the nature of Certiorari quashing the Circular bearing No. He.Ni.Na.Yo/JD(N)/DM3/PR/320/2015-16 dated September 04, 2015 (Annexure J) issued by the Respondent No.2 is so far as levy and collection of "Licence Fee'; e) Grant a Writ or order or direction, in the nature of Certiorari, quashing the Impugned Demand Notice bearing BBMP/Addl.Dir/JD South/0173/14-15 dated February 10, 2021 by - 5 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 the Respondent No. 5 (Annexure A) as regards the demand made for :- • Ground Rent at Serial No. 1; • Ground Rent for Renovation at Serial No. 3; • License Fee for Site Area at Serial No. 5; • Scrutiny Fee at Serial No. 6; • Betterment fees for Construction at Serial No.7; • Betterment Fees for Building at Serial No. 8; • Levy and Collection of 5% surcharge to be paid to BBMP at Serial No. 9; • Building commencement certificate fees at Serial No. 10; • Levy and Collection of surcharge to be paid to BWSSB, BDA and KSCB at Serial No. 11; f) Grant an order, direction or writ in the nature of Mandamus directing the Respondent Nos. 4 and 5 BBMP to issue the sanction plan for construction of the Project in the Property, without insisting payment of Ground Rent, GST on Ground Rent, Betterment Charges for Building, Betterment Charges for Site, License fee, Scrutiny fee, Cess for Water Supply - 6 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 Scheme, Surcharge for Formation Outer Ring Road, Surcharge for Mass Rapid Transport System, and etc., and g) Grant such other reliefs as this Hon'ble Court deems fit in the above circumstances of the case, in the interests 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 - 7 - HC-KAR NC: 2025:KHC:21733 WP No. 5492 of 2021 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 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:21733 WP No. 5492 of 2021 (ii) The impugned demand notice dated 10.02.2021 issued by respondent No.5 as per Annexure-A 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:21733 WP No. 5492 of 2021 Pending applications, if any, are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE VMB List No.: 2 Sl No.: 27