- 1 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 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.5879 OF 2021 (LB-BMP) BETWEEN: 1. MR. B K REVATHI KUMAR S/O M KEMPANNA AGED ABOUT 56 YEARS, 2. MRS. N PUSHPA W/O B.K. REVATHI KUMAR AGED ABOUT 49 YEARS, BOTH ARE RESIDING AT NO.38, BYRASANDRA VILLAGE C.V. RAMAN NAGAR POST BANGALORE-560 093. …PETITIONERS (BY SRI. SHIRISH KRISHNA, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE-560 001 REPRESENTED BY THE CHIEF SECRETARY. 2. THE DEPARTMENT OF LABOUR VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001 Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 REPRESENTED BY ITS UNDER SECRETARY. 3. THE DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY. 4. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BANGALORE - 560 027 REPRESENTED BY THE COMMISSIONER. 5. ASSISTANT DIRECTOR (TOWN PLANNING-EAST) UTILITY BUILDING MAYO HALL, 22ND FLOOR M.G. ROAD, BANGALORE-560 001. …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 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 PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 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- 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 TPP2015 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 - 4 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 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 Government Order bearing No.LD/300/LET/2006 dated January 18, 2007 (Annexure J) and the corrigendum order bearing No.LD/300/LET/2006, dated February 28, 2007 (Annexure K) issued by the Respondent No.2 mandating upfront collection of labour welfare cess in so far the Petitioners are concerned. e) 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 L) issued by the Respondent No.2 is so far as levy and collection of "Licence Fee'; f) Grant a Writ or order or direction, in the nature of Certiorari, quashing the Impugned Demand Notice bearing BBMP/Addl.Dir/JDEAST /0225/20-21 dated December 05, 2021 by the Respondent No. 5 (Annexure A) as regards the demand made for:- • Scrutiny Fee at Serial No. 1; • License Fee at Serial No. 2; • Ground Rent at Serial No. 3; - 5 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 • Betterment Fees for Building at Serial No. 4; • Site Development Charges at Serial No. 5; • Fee for additional application at Serial No. 6; • Security Deposit at Serial No. 7; • Lake Rejuvenation Fee at Serial No. 8; • Compound Fee at Serial No. 9; • Road Cutting Charges at Serial No. 10; • Water Supply, Slum Board, Ring Road MRTS at Serial Nos. 12, 13, 14, 15 along with surcharges; and • Labour Cess. g) 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, Security Deposit, License fee, Scrutiny fee, Cess for Water Supply Scheme, Surcharge for Formation Outer Ring Road, Cess for Improvement of Slum, Surcharge for Mass - 6 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 Rapid Transport System, Labour Cess and etc., and h) 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:21734 WP No. 5879 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: - 8 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 05.12.2020 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 - 9 - HC-KAR NC: 2025:KHC:21734 WP No. 5879 of 2021 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.: 28