- 1 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11042 OF 2020 (LB-TAX) BETWEEN: 1. SMT.NAGARATNA W/O.RAGHUNATH REDDY AGED ABOUT 42 YEARS, R/AT NO.216 1ST MAIN ROAD YESHWANTHAPURA BENGALURU-560 022 2. SHRI KRISHNA N. S/O.LATE NARAYANASWAMY AGED ABOUT 58 YEARS R/ AT NO.1141, 5TH CROSS K.N.EXTENSION YESHWANTHPURA BENGALURU-560 022 3. SHRI RAMAIAH S/O.MUNISHYAMAPPA AGED ABOUT 86 YEARS 4. SMT.LAKSHMAMMA ALIAS AMMAIAMMA W/O.SHRI RAMAIAH AGED ABOUT 72 YEARS 5. SMT.VENKATALAKSHMAMMA W/O.SHRI MUNIRAJU AND D/O.SHRI RAMAIAH AGED ABOUT 60 YEARS PETITIONER NOS.3 TO 5 ARE R/AT CHIKKAJALA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 JALA HOBLI BENGALURU NORTH TALUK 6. SMT.KAMALAMMA W/O.LATE KRISHNAMURTHY AGED ABOUT 53 YEARS 7. SHRI RAJESH S/O.LATE KRISHNAMURTHY AGED ABOUT 30 YEARS 8. MS.SHILPA D/O.LATE KRISHNAMRUTHY AGED ABOUT 28 YEARS 9. SHRI SRINIVAS S/O.SHRI RAMAIAH AGED ABOUT 56 YEARS 10. SHRI JAGADISH S/O.SHRI RAMAIAH AGED ABOUT 50 YEARS 11. SMT.LALITHAMMA W/O.LATE RAJANNA AGED ABOUT 46 YEARS PETITIONER NOS.6 TO 11 ARE R/AT AGES LAYOUT NEW BEL ROAD BENGALURU-560 022 12. SHRI VENKATESH S/O.SHRI RAMAIAH AGED ABOUT 44 YEARS 13. SMT.GEETHAMMA W/O.SHRI MANJUNATH AND D/O.RAMAIAH AGED ABOUT 40 YEARS - 3 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 PETITIONER NOS.12 & 13 ARE R/AT DHANALAKSHMI LAYOUT VIRUPAKSHAPURA VIDYARANYAPURA POST BENGALURU PETITIONER NOS.1 AND 13 ARE REPRESENTED BY THEIR GPA HOLDER MR.UPENDRA J. NO.34/2, GROUND FLOOR G-BLOCK, SAHAKARA NAGAR BENGALURU–560 092 14. M/S.UNIQUE INFRASTRUCTURE AND HOME PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.34/1, G BLOCK 1ST FLOOR, SAHAKARANAGAR BENGALURU-560 092 REPRESNTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY MR.UPENDRA KUMAR J. …PETITIONERS (BY SRI T.N.VISWANATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT 4tTH FLOOR, VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001 2. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU-560 002 - 4 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 REPRESENTED BY ITS COMMISSIONER 3. JOINT DIRECTOR TOWN PLANNING (NORTH) N.R.SQUARE BENGALURU-560 002 …RESPONDENTS (BY SMT.SPOORTHY V., HCGP FOR R-1; SRI ARAVIND M.NEGLUR, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE BYE LAWS 3.8 TO 3.10 OF THE BRUHAT BENGALURU MAHANAGAR PALIKE BUILDING BYE LAWS, 2003 ARE UNCONSTITUTIONAL AND VIOLATIVE OF ARTICEL 14 OF THE CONSTITUTION OF INDIA AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is seeking for the following reliefs: "a) DECLARE that Bye Laws 3.8 to 3.10 of the Bruhat Bengaluru Mahanagar Palike Building Bye Laws 2003 are unconstitutional and violative of Article 14 of the Constitution of India; Alternative to Prayer (A) b) DECLARE and hold that the 3rd Respondent cannot impose or levy ground rent charges in - 5 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 terms of the Bruhat Bengaluru Mahanagar Palike Building Bye Laws 2003 in respect of storage of building materials in private land or land belonging to the Petitioners or in any land that does not belong to the 2nd and 3rd Respondent; c) ISSUE a writ in the nature of CERTIORARI and/or any such/other writ order or order to QUASH Demand Note bearing Ref. No. BBMP/ Addl.Dir./JDNorth/LP/0464/2013-14 dated 13.05.2020 produced at Annexure A; and d) Consequently direct the Respondents to refund a sum of Rs. 11,47,724/-(Eleven Lakhs Forty Seven Thousand Seven Hundred and Twenty Four) illegally collected by the Respondent No. 3 on 25.03.2015 whilst issuing Sanction Plan." 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. - 6 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 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 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. - 7 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 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. Accordingly, this Court proceeds to pass the following: ORDER i) The writ petition is allowed. ii) The impugned demand notice dated 13.05.2020 issued by respondent No.3 as per Annexure-A is hereby set-aside. iii) Petitioner shall submit a representation seeking refund of excess fees paid. Respondent- BBMP shall consider this representation and pass orders in accordance with law. This exercise shall be accomplished by - 8 - HC-KAR NC: 2025:KHC:21555 WP No. 11042 of 2020 Respondent- BBMP within a period of 8 weeks of receipt of representation. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GSS List No.: 2 Sl No.: 4