- 1 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.17240 OF 2025 (LB-BMP) BETWEEN: 1. SRI.JAGADEESH.S S/O LATE M.SIDDAGANGAPPA AGED ABOUT 34 YEARS 2. SRI.M.NAGARAJ S/O LATE M, SIDDAGANGAPPA, AGED ABOUT 34 YEARS, 3. SRI.RAJENDRA.S S/O LATE M.SIDDAGANGAPPA AGED ABOUT 28 YEARS, ALL ARE RESIDING AT PETITIONER NOS.1 TO 3 KEMBATHHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK -560 095. 4. M/S JCSV BUILDERS AND DEVELOPERS HAVING ITS OFFICE NO.72, 3RD CROSS, SYNDICATE BANK LAYOUT, AREKERE, BANNERUGHATTA MAIN ROAD BANGALORE – 560 076. PROPERTY DEVELOPERS UNREGISTERERD REP BY ITS PARTNERS PETITIONER NOS.5 AND 7 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 5. SRI.K.JAGADISH S/O A.S.KRISHNAPPA, AGED ABOUT 37 YEARS, NO.296, DODDAMANE KRISHNAPPA ROAD, ARAKERE, BANNERGHATTA MAIN ROAD, BANGALORE – 560 076. 6. SRI.P.CHOWDAPPA S/O LATE PAPANNA AGED ABOUT 62 YEARS NO.133, 5TH CROSS, SYNDICATE BANK LAYOUT, AREKERE, BANNERGHATTA MAIN ROAD BANGALORE – 560 076. 7. SRI.K.SANTHOSH S/O A.S.KRISHNAPPA AGED ABOUT 35 YEARS NO.296, DODDAMANE KRISHNAPPA ROAD ARAKERE BANNERGHATTA MAIN ROAD BANGALORE – 560 076. 8. SRI.VASU.C S/O P.CHOWDAPPA AGED ABOUT 35 YEARS NO.133, 5TH CROSS, SYNDICATE BANK LAYOUT AREKERE BANNERGHATTA MAIN ROAD BANGALORE – 560 076. …PETITIONERS (BY SRI. YASHAVANTHSWAMY A M., ADVOCATE) AND: 1. STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDI, - 3 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 BANGALORE – 560 001. REP BY ITS SECRETARY. 2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKASASOUDHA, DR.B.R. AMBEDKAR VEEDHI, BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY. 3. BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BANGALORE-560002, REP. BY ITS COMMISSIONER. 4. THEASSISTANT DIRECTOR OFTOWN PLANNING BRUTHA BANGALORE MAHANAGARAPALIKE, BOMMANAHALLI, BOMMANAHALLI ZONE OFFICE, BEGUR ROAD, BENGALURU – 560 068. …RESPONDENTS (BY SRI. BOPANNA B, AGA FOR R1; SRI. PAWAN KUMAR ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT 2021 ACT NO.1/2022 DATED 13/01/2022 ENACTED BY THE SECOND RESPONDENT PUBLISHED THROUGH NOTIFICATION BEARING NO.DPAL 50 SHASANA 2021 GAZETTE ON 13/01/2022 AT ANNEXURE-G DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL SO FOR AS PETITIONER IS CONCERNED AND ETC. - 4 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 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 petitioners are seeking for the following reliefs "i) Issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain other law(amendment) act 2021 act No.1/2022 dated 13/01/2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazette on 13/01/2022 at ANNEXURE-G declaring it to be ultravires and unconstitutional. So for as petitioner is concerned. ii) Issue writ of certiorari or similar writ or order or direction to quash the office order bearing No.ADTP/PR/461/2021-22 dated 09/03/2022 issued by the third respondent at ANNEXURE-H. So for as petitioner is concerned. iii) Issue a writ of certiorari to quash the demand note anddated 27/05/2025, property at bearing No. ¸ÀASÉå.£À.¤.£À.AiÉÆÃ/¨ÉÆ.ªÀ/d.¹/008/24-25 and dated 27/05/2025, property bearing Kataha No122/11/2.sy.no.11/2, Kembathahalli Village, uttarahalli Hobli, Bangalore south taluk, Bangalore, Ward No.196, has been approved by The Chief Commissioner BBMP A/C ADTP, Bommanahalli zone, Bangalore. Under various heads. Theis includes the 1. License fee, 2. Scrutiny fee, 3. Extra penalty for additional construction and 4. Ground Rent with GST, Amount to Rs. 50,26,000/-. The copy of the demand Notice dated 26/5/2025 is produced herewith and marked as ANNEXURE-D issued by the respondent No.4 in so far as demand towards. Fee - 5 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 payable to BBMP. LP/11581/17-18, Dated 02/05/2018 to 01/05/2020. Sl.No. Particulars Area Difference area deviation % of deviation Remarks sanction area 1 As per sanction FAR Area 5942.05 2 As per as sanction Gross BUA 10458.53 3 As built FAR Area 6198.05 256.00 4.31% 4 As Built gross BUA 10781.78 323.25 3.10% 5 Total division for FAR 579.25 6 Guideline Value 50000 7 Deviation fee within the FAR Area 324 Fee% 808% Amount 4400 Total 1425600 8 Ground rent penalty for 10 years 10781.78 0.11% 55 2964990 9 GST 18% 533698 10 Scrutiny fee (as built gross area) 10781.78 0.014% 7 75472 11 C.C. Fine 0.00 0.22% 110 0 12 Copies fee 25000 13 Application fee 500 14 Grand total 50,25,260 15 Say amount 50,26,000,00 - 6 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 16 Rs.FIFTY LAKH TWENTY SIX THOUSAND only In favour of The Chief Commissioner BBMP A/C ADTP Bommanahalli zone iv) Issue writ of Certiorari or similar writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/320/2020-21 dated 14/08/2020 at ANNEXURE-J issued by the 3rd Respondent. So for as petitioner is concerned. v) Issue a writ of Certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning act, 1961 brought into effect by Karnataka act No.23 of 2004 by the 1 respondent at ANNEXURE-Kin so far as 18-A (i) and) (iv) of Karnataka act No.23 of 2004 is concerned. So for as petitioner is concerned. vi) Grant an order, direction or writ in the nature of Certiorari quashing the notification issued by the 1 respondent bearing No.UDD 3TTP 2015 dated 25/2/2020 as contained in ANNEXURE-Lin so far as the amended Rule 37-A and rule 37-C are concerned, so for as petitioner is concerned. vii) Issue any other appropriate writ or order or direction to the respondents demand fit in the circumstances of the case in the interest of justice and equity. viii) Pass any such other orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest justice and equity." 2. It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench - 7 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 in the reported judgment in W.P.No.23086/2022 and connected matters. The Co-ordinate Bench, while deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024). Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under; "ORDER (i) The writ petitions are partly allowed. (ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside. (iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside. (iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only in respect of ‘Development Plan’ - 8 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 containing the proposal for construction on plots measuring more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters. (v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority Rules, 1965. (vi) It is hereby declared that the linking of the fee leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965, to the ‘market value’ or ‘guidance value’ as determined under Section 45-B of the Karnataka Stamp Act, 1957, is illegal. However, liberty is reserved to the respondent-State Government and the BBMP to re-fix a standard after collecting empherical data. (vii) Consequently, all the impugned Circulars which seek to give effect to the Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are hereby quashed and set aside. (viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003, providing for ‘Ground Rent’, is illegal and are accordingly quashed and set aside. (ix) Consequently, all the impugned Demand Notices raised by the respondent-BBMP, in respect of - 9 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 the writ petitioners herein are also quashed and set aside. It would be advisable that the BBMP may come out with a scheme for ‘One Time Settlement’ and settle the levy and collect the fee generally acceptable to the citizens of Bengaluru. This would also augment the present situation." 3. In the present writ petition, the core issue raised stands substantially covered and decided by the authoritative pronouncement of the coordinate bench, wherein the writ petitions were partly allowed and several consequential reliefs were granted. The Hon’ble Court, in unequivocal terms, quashed and set aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Acts of 2021 and 2023 (Karnataka Act Nos.01 of 2022 and 37 of 2024 respectively). 4. The Court further declared that the provisions under Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only to development proposals concerning plots exceeding 20,000 square meters, and not to smaller plots. - 10 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 Importantly, it was also held that if a fee has been previously collected for change of land use or approval of layout plan, no further fee shall be levied for subsequent development plans, in view of the explanatory 'Note' to Table I of Rule 37-A. 5. The Court declared illegal the linkage of such levies to market or guidance value under Section 45-B of the Karnataka Stamp Act, and consequently, quashed all Circulars and demand notices issued to give effect to such unlawful interpretations. Clause 3.8 of the BBMP Building Bye-laws, 2003, imposing 'Ground Rent', was also struck down. 6. In view of these comprehensive declarations and findings, it is submitted that the controversy raised in the present writ petition no longer survives for adjudication independently, as it is squarely covered by the binding judgment of the coordinate bench. In the light of the law laid down in the reported judgment, substantially covering - 11 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 the issue, which is raised in the captioned writ petition, the writ petition is liable to be allowed strictly aligning to the operative portion of the said writ petition. 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 27.05.2025 issued by respondent No.4 as per Annexure-D is hereby set-aside. (iii) Respondent Nos.3 and 4 are hereby directed to issue Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent Nos.3 and 4 are hereby directed to forthwith process the petitioner's application seeking occupancy certificate, strictly in accordance with law. - 12 - HC-KAR NC: 2025:KHC:20964 WP No. 17240 of 2025 (v) It is made clear that the issuance of the occupancy certificate shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. (vi) If the occupancy certificate are issued, the same shall be subjected to the outcome of any appeal that may be filed by the BBMP against the judgment. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 23