- 1 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 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. 33027 OF 2024 (LB-BMP) BETWEEN: 1. MR. JEMSON LEONARD DSOUZA AGED ABOUT 69 YEARS, S/O AMBROSE DSOUZA, 2. MRS. JACINTHA IDA DSOUZA AGED ABOUT 58 YEARS, W/O JEMSON LEONARD DSOUZA, BOTH ARE RESIDING AT NO.201/202, 7TH CROSS, CMH ROAD, BINNAMANGALA 1ST STAGE, INDIRANAGAR, BANGALORE-560 038. …PETITIONERS (BY SRI. CHANDRASHEKAR R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE COMMISSIONER BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560 002. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 3. THE ASSISTANT DIRECTOR TOWN PLANNING, BRUHAT BANGALORE MAHANAGARA PALIKE, (EAST), UTILITY BUILDING, MAYOHALL, 22ND FLOOR, M G ROAD, BANGALORE-560 001. …RESPONDENTS (BY SPOORTHI, HCGP FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASH THE UNDATED DEMAND NOTICE BY THE 3RD RESPONDENT IN LP.NO.BBMP/AD.COM/EST/0820/2024-25, BEARING PROJECT NO.PRJ/8362/24-25 VIDE ANNEXURE-F IN SO FAR DEMANDING GROUND RENT, GST ON GROUND RENT, LICENSE FEE, SCRUTINY FEE, BETTERMENT CHARGES FOR BUILDING, BETTERMENT CHARGES FOR SITE, SECURITY DEPOSIT, LAKE REJUVENATION FEE, CESS FOR WATER SUPPLY SCHEME, SURCHARGE FOR FORMATION OF OUTER RING ROAD, CESS FOR IMPROVEMENT OF SLUM, SURCHARGES FOR MASS RAPID TRANSPORT SYSTEM, LABOUR CESS AND ETC, AS ILLEGAL, WITHOUT JURISDICTION AND ARBITRARY AND ETC. 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 - 3 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 ORAL ORDER This petition is filed seeking the following reliefs:- “a. Issue a writ by way of certiorari quashing the undated demand notice by the 3rd Respondent in LP.No.BBMP/ad.Com/EST/0820/2024-25, bearing Project No.PRJ/8362/24-25 Vide Annexure-F in so far demanding Ground Rent, GST on Ground Rent, License Fee, Scrutiny Fee, Betterment Charges for Building, Betterment Charges for Site, Security Deposit, Lake Rejuvenation Fee, Cess for Water Supply Scheme, Surcharge for formation of Outer Ring Road, Cess for improvement of Slum, Surcharge for Mass Rapid Transport System, Labour Cess and etc, as illegal, without jurisdiction and arbitrary. b. Grant any Order, Direction or Writ in the nature of Mandamus, directing the Respondents to issue the Sanction Plan for the construction of Commercial Building to the Petitioners. c. Grant such other Relief/s as this Hon'ble Court may deem fit to Grant, including cost of the Petitioners, in the facts and circumstances of - 4 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 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. 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 - 5 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 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. 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: - 6 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 ORDER (i) The writ petition is allowed. (ii) The impugned undated demand notice bearing No.LP.NO.BBMP/Ad.Com/ EST/0820/2024-25, Project No.PRJ/8362/ 24-25 issued by respondent No.3 as per Annexure-F is hereby set-aside. (iii) Respondent No.2 - BBMP is hereby directed to issue fresh/modified sanction plan as the case may be. (iv) Respondent No.2 - BBMP is directed to forthwith process the petitioners' 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. - 7 - HC-KAR NC: 2025:KHC:22898 WP No. 33027 of 2024 (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 NBM List No.: 2 Sl No.: 36