- 1 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28071 OF 2024 (LB-BMP) BETWEEN: M/S. SOBHA LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED AND CORPORATE OFFICE AT, SARJAPUR- MARTHAHALLI OUTER RING ROAD (ORR), DEVERABESANAHALLI, BELLANDUR POST, BANGALORE-560 103. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. PRASAD M.S. ASSISTANT GENERAL MANAGER- LEGAL DEPARTMENT. …PETITIONER (BY SRI. MADHUKAR M DESHPANDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 3. BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, HUDSON CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS CHIEF COMMISSIONER. 4. JOINT DIRECTOR TOWN PLANNING (NORTH), BBMP, HUDSON CIRCLE, BANGALORE-560 001. …RESPONDENTS (BY SPOORTHI, HCGP FOR R1 & R2; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (1) DECLARE THAT THE BRUHAT BENGALURU MAHANAGAR PALIKE AND CERTAIN LAW (AMENDMENT) ACT, 2023 (KARNATAKA ACT 37 OF 2024) UNDER ANNEXURE-A TO THIS WRIT PEITTION AS UNCONSTITUTIONAL, MANIFESTLY ARBITRARY, UNREASONABLE, UNEFORCEABLE AND UNREASONABLE RESTRICTION ON RIGHT TO PROPERTY BEING EXPROPRIATORY AND INFRINGEMENT OF CONSTITUTIONAL RIGHT TO PROPERTY UNDER ARTICLE 300A OF THE CONSTITUTION AND - 3 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 FAILING THE TEST OF ARTICLE 14 OF THE CONSTITUTION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking the following reliefs:- “1. Declare that the Bruhat Bengaluru Mahanagara Palike and Certain Law (Amendment) Act, 2023 (Karnataka Act 37 of 2024) under Annexure-A to this writ petition as unconstitutional, manifestly arbitrary, unreasonable, unenforceable and unreasonable restriction on right to property being expropriatory and infringement of constitutional right to property under Article 300A of the Constitution and failing the test of Article 14 of the Constitution. 2. Declare that the provisions of Sections 299A and 299C inserted into the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No.14 of 1977) with effect from 4th September 2015 and also Sections 240A and 240C inserted into the Bruhat Bengaluru - 4 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 Mahanagara Palike 2020 (Karnataka Act No.53 of 2020) with effect from 11.01.2021 (Annexure-B) as unconstitutional, manifestly arbitrary, unreasonable, unenforceable, an unreasonable restriction on right to property being expropriatary, an infringement of constitutional right to property under Article 300A and failing the test of Article 14 of the Constitution. 3. Quash demand notice bearing No.BBMP/Addl.Dir/JDNORTH/LP/0455/2014- 15 dated 28.09.2024 under Annexure-C to the writ petition, issued by the Respondent No.4. 4. Grant such other and further relief/s as this Hon'ble Court deems fit in the facts and 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 - 5 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 comprehensively adjudicated the issue involved and settled the controversy. 3. 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 Building Bye-laws, 2003, pertaining to Ground Rent, as invalid. - 6 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 4. 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. 5. 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. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 28.09.2024 issued by respondent No.4 as per Annexure-C is hereby set-aside. (iii) Respondent Nos.3 and 4 - BBMP are hereby directed to issue Occupancy Certificate in accordance with law in - 7 - HC-KAR NC: 2025:KHC:23214 WP No. 28071 of 2024 compliance of the construction strictly adhering to the approved building plan. (iv) Respondent Nos.3 and 4 - BBMP are directed to forthwith process the petitioner’s application seeking occupancy certificate, in accordance with law. (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 is 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 NBM List No.: 2 Sl No.: 43