- 1 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 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.18260 OF 2024 (LB-BMP) BETWEEN: THE BANGALORE JESUIT EDUCATIONAL SOCIETY (ST. JOSEPH’S COLLEGE) REGISTERED SOCIETY UNDER MYSORE SOCIETIES REGISTRATION ACT, 1960, HAVING THE REGISTERED OFFICE AT ‘JESUIT NIVAS’, ST. JOSEPH’S COLLEGE, P.B. 25003, 35 MUSUEM ROAD, BENGALURU-560 025, REPRESENTED BY ITS SECRETARY AND TREASURER FR. JOY PRADEEP RODRIGUES, SJ …PETITIONER (BY SRI. SAGAR G NAHAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER/ CHIEF COMMISSIONER. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 of 2024 3. THE JOINT DIRECTOR TOWN PLANNING- NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002. 4. ASSISTANT DIRECTOR TOWN PLANNING- NORTH BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002. 5. ASSISTANT ENGINEER TOWN PLANNING- NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560 002. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE BEARING NO. BBMP/ADDL.DIR/JDNORTH/LP/0014/2019-20 DATED 05.04.2024 ISSUED BY THE BRUHAT BENGALURU MAHANAGARA PALIKE AT ANNEXURE-A 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. Writ of Certiorari and/or of any like nature, quashing the impugned Demand Notice bearing No.BBMP/Addl.Dir/JDNORTH/LP/0014/ - 3 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 of 2024 2019-20 dated 05/04/2024 issued by the Bruhat Bengaluru Mahanagara Palike, at ANNEXURE-A., ii. Writ of Certiorari and/or of any like nature, quashing the Office Order dated 09/03/2022 bearing No. He Ni Na Yo/PR/461/2021-22 passed by Chief Commissioner of the Bruhat Bengaluru Mahanagara Palike at ANNEXURE- B, and in so far as petitioner concerned. iii. Writ Certiorari and/or appropriate Writ, quashing Section 240A of the BBMP Act, 2020, [ANNX-C] in so far as it relates to linking of guidance value to the fees to be collected/levied, by holding the same to be unconstitutional and ultra-vires, and in so far as petitioner concerned. iv. Pass such other order as this Hon'ble Court deems fit in the facts and circumstances of the instant 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 - 4 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 of 2024 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 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 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 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 05.04.2024 issued by respondent No.3 as per Annexure-A is hereby set-aside. (iii) Respondents - BBMP are hereby directed to issue Commencement and Occupancy Certificate in accordance with law in - 6 - HC-KAR NC: 2025:KHC:25256 WP No. 18260 of 2024 compliance of the construction strictly adhering to the approved building plan. (iv) Respondents - BBMP are directed to forthwith process the petitioner’s application seeking commencement and occupancy certificate, strictly in accordance with law. (v) It is made clear that the issuance of the commencement and 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 commencement and occupancy certificate 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.: 50