- 1 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 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. 8300 OF 2021 (LB-BMP) BETWEEN: 1. DR. S D MAMATHA W/O DR. RAMESH MARIAYAPPA GOWDA, AGED ABOUT 52 YEARS, R/AT NO.214, 100 FEET ROAD, 2ND BLOCK, 3RD PHASE, BANASHANKARI 2ND STAGE, BANGALORE-560085 REPRESENTED BY GPA HOLDER V K JAGADISH BABU, S/O SRI VENKATA SWAMY NAIDU, AGED ABOUT 59 YEARS. …PETITIONER (BY SRI. DALWAI VENKATESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 4. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002 REPRESENTED BY ITS COMMISSIONER. 5. ASSISTANT DIRECTOR TOWN PLANNING - (YELAHANKA) ROOM NO.2, BRUHAT BENGALURU MAHANAGARA PALIKE, AMRUTHAHALLI MAIN ROAD, BYATARAYANAPURA, BELLARY ROAD, BENGALURU-560092. …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 RULE 3 OF THE KARNATAKA PLANNING AUTHORITIES (AMENDMENT) RULES 2019 SUBSTITUTING RULE 37-A(1) VIDE NOTIFICATION ISSUED BY THE 1ST RESPONDENT BEARING NUMBER UDD 3 TTP 2015 DATED 25.02.2020 PUBLISHED 26.02.2020 IN KARNATAKA GAZETTE PART IV-A PRODUCED AT ANNEXURE G, ETC. - 3 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 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 Petitioner prays that this Hon'ble Court may be pleased to i. Issue a writ of certiorari quashing Rule 3 of the Karnataka Planning Authorities (Amendment) Rules 2019 substituting Rule 37-A(1) vide notification issued by the 1 Respondent bearing number UDD 3 TTP 2015 dated 25.02.2020 published 26.02.2020 in Karnataka Gazette Part IV-A produced at Annexure G. ii. Consequently, issue a writ of certiorari quashing circular bearing He.Ni.Ka.Pa.Ko/P.R/320/2020-21 dated: 14.08.2020 issued by the 4th Respondent based the Karnataka Planning Authorities (Amendment) Rules2019 so far as the - 4 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 Petitioner is concerned is produced at Annexure H. iii. Issue a writ of certiorari quashing circular bearing HENINAYO/JD(U)/DM3/PR/320/2015- 16 dated 04.09.2015 issued by the 4th Respondent prescribing market value at Rs.50,000/- per square metre and accordingly calculating scrutiny fee, licence fee and ground rent so far as the Petitioner is concerned is produced at Annexure F. iv. Issue a writ of certiorari quashing the demand notice No.BBMP/Ad.Com./YLK/1457/20-21 dated 22.03.2021 produced at Annexure-E issued to the Petitioner by the 5th Respondent bearing and direct the 4th and 5th Respondent to re-calculate the scrutiny fee, licence fee on the basis of actual guideline value applicable to the Property of the Petitioner, exempt from pavment of ground rent and betterment charges for sital value, calculate the betterment charges for building as per rates applicable to residential building, calculate the security deposit as per Byclaw4.1.2 of the Bangalore Mahanagara Palike Building Bye- laws 2003 and not tocollect 1% administrative charges on labour cess from the Petitioner. - 5 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 v. Issue a writ of mandamus directing the 4th and 5th Respondents to issue the sanction plan in favour of the Petitioner for construction. in the Property; vi. Grant such other and further relief as this Hon'ble Court may deem fit 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. Similarly, in M/s Sapthagiri Shelters and connected matters, the Co-ordinate Bench struck down the - 6 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 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 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. - 7 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 22.03.2021 issued by respondent No.5 as per Annexure-E 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. - 8 - HC-KAR NC: 2025:KHC:21738 WP No. 8300 of 2021 (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.: 32