- 1 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15307 OF 2024 (LB-BMP) BETWEEN: 1. SRI. H.P. VEERENDRA S/O SRI. H. PRANESH RAO, AGED ABOUT 48 YEARS, 2. SMT. SAHANA H.V. W/O SRI. H.P. VEERENDRA, AGED ABOUT 41 YEARS, BOTH ARE R/AT NO.35/1, 7TH CROSS, 7TH MAIN ROAD, MALLESHWARAM, BENGALURU-560 003, REPRESENTED BY ITS THEIR GPA HOLDER. 3. SRI. M. BALAPRASAD REDDY S/O SRI. M. RAGHUNADHA REDDY, AGED 47 YEARS, 4. MRS. M. JAYASRI W/O SRI. M. BALAPRASAD REDDY, AGED ABOUT 35 YEARS, BOTH ARE R/AT NO.92, SRI 5TH MAIN, A.G.S. LAYOUT, BENGALURU-560 061. …PETITIONERS (BY SRI. MANJUNATHA S.V., ADVOCATE) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, N.R. SQUARE, BENGALURU-560 002. 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE ASSISTANT DIRECTOR TOWN PLANNING (RAJARAJESHWARINAGAR), BRUHAT BANGALORE MAHANAGARA PALIKE 18TH CROSS, IDEAL HOME LAYOUT, R.R.NAGAR, NEAR BESCOM OFFICE, BENGALURU-560 098. 4. STATE OF KARNATAKA DEPARTMENT OF LABOUR, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560 001. … RESPONDENTS (BY SRI. MONESH KUMAR K.B., ADVOCATE FOR R1 & R3; SMT. SPOORTHY V., HCGP FOR R2 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) DIRECTION, DECLARING THE BYELAWS NO. 3, 9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES AND ETC. - 3 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 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 ORAL ORDER This petition is filed seeking the following reliefs:- “a) Issue a Writ of Certiorari or any other appropriate Writ of like nature or direction, declaring the Byelaws No. 3.9 of the Bangalore Mahanagara Palike Building Bye- laws 2003 as unconstitutional, illegal and ultra vires; b) Issue a Writ of Certiorari or any other appropriate Writ of like nature, or direction, quashing The Demand Notice dated 27/02/2024 bearing LP No.BBMP/Ad.Com./ RJH/2155/23-24 for payment a total sum of Rs.44,10,144/- (Rupees Forty Four Lakhs Ten Thousand One Hundred and Forty Four Only), and Rs.10,26,468/- (Rupees Ten Lakhs Twenty Six Thousand Four Hundred and Sixty Eight Only) towards Ground Rent and other charges referred therein at ANNEXURE-'A'. The Demand Notice dated 27/02/2024 bearing LP No. BBMP/Ad.Com./RJH/2155/23-24 issued - 4 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 by the Assistant director of town planning (Rajarajeshwarinagar) Bruhat Bangalore Mahanagara Palike, Bangalore. c) 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 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 - 5 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 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. 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 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 27.02.2024 issued by respondent No.3 as per Annexure-A is hereby set-aside. (iii) Respondent No.1 - BBMP is hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent No.1 - 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. (vi) If the building license and sanction plan are issued, the same shall be subject to the - 7 - HC-KAR NC: 2025:KHC:24570 WP No. 15307 of 2024 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.: 6