- 1 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15027 OF 2024 (LB-BMP) BETWEEN: 1. SRI R. NARAYANA SWAMY S/O LATE SRI RAMAIAH AGED ABOUT 80 YEARS 2. SRI R. BASAVARAJU S/O LATE SRI RAMAIAH AGED ABOUT 75 YEARS, 3. SRI R. ADINARAYANA S/O LATE SRI RAMAIAH AGED ABOUT 70 YEARS, 4. SRI R. NAGARAJ S/O LATE SRI RAMAIAH AGED ABOUT 68 YEARS REPRESENTED BY ITS GPA HOLDER M/S. TRISHUL DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT MITTAL TOWER, NO.47/6, M.G. ROAD, BANGALORE-560001 REPRESENTED BY ITS PARTNER SRI NEERAJ MITTAL S/O SRI O P MITTAL. …PETITIONERS (BY SRI SAMMITH S., ADVOCATE) AND: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION GOVERNMENT OF KARNATAKA BENGALURU-560001. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BANGALORE-560002. 3. THE JOINT DIRECTOR, TOWN AND COUNTRY PLANNING (NORTH), BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560002. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R-1; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER DECLARING THAT THE ENTIRE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 (KARNATAKA ACT NO.01 OF 2022) BEARING NO.DPAL 50 SHASANA 2021 NOTIFIED ON 13/01/2022 BY THE RESPONDENT NO.1 AS CONTAINED IN ANNEXURE-J AS BEING ULTRA VIRES THE CONSTITUTION OF INDIA; GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE OFFICE ORDER NO.HANINAYO/PR/461/2021-22 DATED 09/03/2022 ISSUED BY RESPONDENT NO.2 AS CONTAINED IN ANNEXURE-L 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:23172 WP No. 15027 of 2024 ORAL ORDER The captioned petition is filed seeking following reliefs: “a. Grant an order declaring that the entire Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) bearing No.DPAL 50SHASANA, 2021 notified on 13/01/2022 by the Respondent No.1 as contained in ANNEXURE-J as being ultra vires the Constitution of India; b. grant an order, direction or writ in the nature of certiorari quashing the Office Order No.HaNiNaYo/PR/461/2021-22 dated 09/03/2022 issued by Respondent No.2 as contained in ANNEXURE-L; c. grant an order, direction or writ in the nature of certiorari quashing the impugned Demand Notice bearing No.BBMP/Addl.Dir/JDNORTH/LP/0009/2010-11 dated 06/05/2024 issued by the Respondent No.3 insofar as it demands the payment of Ground rent with 18% GST, Difference in FAR Area, License Fee and Scrutiny fee and payment of already stayed ground rent, as contained in ANNEXURE-P; d. grant an order, direction or writ in the nature of mandamus directing the Respondent No.2 to issue Occupancy Certificate to the Petitioners without insistence of the fees specified at the amounts contained - 4 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 in Sl. No.1 (i.e., ground rent), Sl. No.2 (i.e., Difference in FAR Area) Sl. No.3 (i.e., Licence Fee) Sl. No.4 (i.e., Scrutiny fee) of Table above, demand notice bearing No.BBMP/Addl.-Dir/JDNORTH/LP/0009/2010-11 dated 06/05/2024 are concerned as contained in ANNEXURE-P issued by Respondent No.3. e. grant an order, direction or declare that the various fees levied on the basis of the guidance value of the property are all bad in law and unconstitutional; and f. grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, including cost of the Petitioners, in the facts and circumstances of the case, in the interest 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- - 5 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 laws as ultra vires the Act and quashed the Government Circulars dated 04.09.2015, 27.01.2017, and 30.03.2017. 4. 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. 5. 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. 6. 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 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 06- 05-2024 issued by respondent No.3 as per Annexure-P is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent-BBMP are hereby directed to forthwith process the petitioner’s application seeking occupancy certificate, strictly 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. - 7 - HC-KAR NC: 2025:KHC:23172 WP No. 15027 of 2024 (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 MBM List No.: 2 Sl No.: 13