- 1 - NC: 2025:KHC:1582 WP No. 33709 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33709 OF 2024 (LB-BMP) BETWEEN: B.M.S EDUCATIONAL TRUST A REGISTERED TRUST HAVING REGISTERED ADDRESS AT BULL TEMPLE ROAD BENGALURU - 560 019 REPRESENTED BY ITS CHAIRPERSON DONOR TRUSTEE, AND MEMBER SECRETARY DR. B.S. RAGINI NARAYAN. …PETITIONER (BY SRI BADRI VISHAL, ADV.) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001 REPRESENTED BY IT'S UNDER SECRETARY. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU 560 002 REPRESENTED BY THE COMMISSIONER. 3. THE JOINT DIRECTOR TOWN AND COUNTRY PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU - 560 002. …RESPONDENTS (BY SRI RAHUL CARIAPPA, AGA FOR R-1; SRI K.B. MONESH KUMAR, ADV., FOR R-2 & R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1582 WP No. 33709 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A. DECLARE THAT SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO. 23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998) PRODUCED AT ANNEXURE A AS BEING ULTRA VIRES THE CONSTITUTION OF INDIA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging the demand notice, whereby the BBMP has made a demand on several accounts including on account of ground rent. In the said demand notice, a condition is also imposed that the petitioner is required to handover road widening area of 2714.59 sqm. before release of the plan and license. - 3 - NC: 2025:KHC:1582 WP No. 33709 of 2024 2. It is not in dispute that the question is as to whether the BBMP has the power to demand a ground rent is the subject matter of several writ petitions which have been heard and judgment has been reserved. The petitioner has a benefit of an interim order in this writ petition and learned counsel for the petitioner submits that the demand regarding ground rent can be made subject to the result of W.P.No.23086/2022. 3. In other words, learned counsel appearing for the petitioner submits that the petitioner would abide by the ruling of this Court in the connected matters insofar it relates to ground rent. 4. He however submits that the condition imposed to handover the road widening area would be illegal in the light of the judgment already rendered by a co-ordinate Bench of this Court in W.P.No.9408/2020 and connected matters decided on 17.01.2022. - 4 - NC: 2025:KHC:1582 WP No. 33709 of 2024 5. A perusal of the order passed in W.P.No.9408/2020 makes it clear that the BBMP cannot impose a condition to handover the road widening area before release of the plan and license. In that view of the matter, the additional condition imposed in the demand notice at Annexure – E relating to handing over of road widening area of 2714.59 sqm. shall stand quashed. 6. As far as the legality of the demand for ground rent, the decision to be rendered by a co-ordinate Bench of this Court in W.P.No.23086/2022 will apply to the present case also. 7. It is made clear that the interim order granted by this Court shall enure till the disposal of the connected matter. As a consequence of this, the BBMP shall release the building plan and the license. 8. It is also made clear that the petitioner shall not be entitled to use that portion of the land that is - 5 - NC: 2025:KHC:1582 WP No. 33709 of 2024 reserved for road widening, for the purpose of putting up any construction. 9. This petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 3