- 1 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 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.5445 OF 2021 (LB-BMP) BETWEEN: 1. SRI. AJAY SUNDAR AGED ABOUT 47 YEARS, S/O LATE T B SUNDAR NO.15, F-1 SOLITUDE APARTMENTS 9TH 'A' CROSS, WILSON GARDEN BANGALORE-560027. …PETITIONER (BY SRI. RAJENDRA KUMAR SUNGAY T P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE-560001 REP. BY ITS SECRETARY. 2. THE STATE OF KARNATAKA LABOUR DEPARTMENT VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE -560001 Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 REP. BY ITS SECRETARY. 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE-560001 REP. BY ITS SECRETARY. 4. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER. 5. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHATH BENGALURU MAHANAGARA PALIKE BBMP COMPLEX 9TH CROSS, 9TH MAIN ROAD, 2ND BLOCK, JAYANAGAR BANGALORE-560011. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R.1 & R.2; SMT. SINCHANA M.R., 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, INSERTED BY WAY OF KARNATAKA ACT - 3 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 NO.23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998), VIDE ANNEXURE-G1, 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 ORAL ORDER The captioned petition is filed seeking for the following reliefs: "Wherefore, the petitioner respectfully prays that this Hon'ble Court be pleased to call for relevant records from the respondents, and; i) Issue a writ of certiorari or grant an order or direction, quashing Section 18-A of the Karnataka Town and Country Planning Act, 1961, inserted by way of Karnataka Act No.23 of 2004 (Karnataka Town and Country Planning (Amendment) Act, 1998), vide Annexure-G1, and; ii) Issue a writ of certiorari or grant an order or direction, quashing the Notification issued by the 1st respondent bearing No.UDD 3 TTP 2015 dated 25.2.2020 vide Annexure-G, insofar as - 4 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 insertion of Rules 37-A and 37-C are concerned, and; iii) Issue a writ of certiorari or grant an order or direction, quashing the Circular dated 4.9.2015 bearing No.HENINAYO/JD(N) /DM3/PR/320/ 2015-16 issued by 4th respondent vide Annexure-E, insofar as the petitioner is concerned, and; iv) Issue a writ of certiorari or grant an order or direction, quashing the Circular dated 14.8.2020 bearing No.HE.ΝΙ.ΚΑ.ΡΑ.ΚΟ/ P.R/320/2020-21 issued by the 4th respondent vide Annexure-H, insofar as the petitioner is concerned, and; v) Issue a writ of certiorari or grant an order or direction, quashing the Government Order bearing No.LD/300/LET/2006 dated 18.1.2007 and the Corrigendum bearing No.LD/300/LET/2006 dated 28.2.2007 issued by the 2nd respondent, vide Annexure-F and F1, insofar as the petitioner is concerned, and; vi) Issue a writ of certiorari or grant an order or direction, quashing the Demand Notes (Challan / Memo) both dated 1.3.2021 issued by the 5th respondent bearing No.BBMP/EODB/CH/ 13382/20-21 and No.BBMP/EODB/CH/13383 - 5 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 /20-21 vide Annexures-D and D1, insofar as it relates demand of ground rent, GST on ground rent, betterment charges for building, betterment charges for site, revised license fee, revised scrutiny fees, c3ess for water supply scheme, surcharge for formation of outer ring road, cess for improvement of slum, surcharge for MRTS, Labour Cess and etc. as illegal, without jurisdiction and arbitrary. as illegal, without jurisdiction and arbitrary. vii) Issue a writ of mandamus or grant an order or direction, directing the 4th and 5th respondents to issue the sanction plan for construction of the building in the schedule property without insisting for ground rent, GST on ground rent, betterment charges for building, betterment charges for site, revised license fee, revised scrutiny fees, cess for water supply scheme, surcharge for formation of outer ring road, cess for improvement of slum, surcharge for MRTS, Labour Cess and etc., and; viii) Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." - 6 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 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 - 7 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 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 01.03.2021 issued by respondent No.5 as per Annexure-D is hereby set-aside. - 8 - HC-KAR NC: 2025:KHC:21732 WP No. 5445 of 2021 (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. Pending applications, if any, are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE VMB List No.: 2 Sl No.: 26