- 1 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 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. 8703 OF 2025 (LB-BMP) BETWEEN: 1. MR. TAKESH D MALGONKAR S/O LATE MR. DIVAKAR DATTAREYA MALGOANKAR, AGED ABOUT 58 YEARS, 2. MRS. CHANDRAKALA V MALGONKAR W/O MR. TAKESH D MALGOANKAR, AGED ABOUT 54 YEARS, BOTH ARE RESIDING AT “RAKUEN”, NO.203, BEHIND PRASHANTH EXTENSION, WHITEFIELD, BANGALORE-560 066. REPRESENTED BY ITS GENERAL POWER OF ATTORNEY M/S. NVT QUALITY LIFESTYLE HOMES LLP OFFICE AT CAP-1, EXPORT PROMOTION INDUSTRIAL PARK, NEAR ITPL, WHITEFIELD, BANGALORE-560 066. REP BY ITS PARTNER SRI. VIVEK GARG, AGED ABOUT 45 YEARS. …PETITIONERS (BY SRI. RAJATH H.V., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPARTMENT OF LABOUR REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE STATE OF KARNATAKA DEPT OF PARLIAMENTRAY AFFAIRS AND LEGISLATION, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE- 560 001. 4. BANGALORE BRUHATH MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, NR SQUARE, BANGALORE-560 002. 5. ASSISTANT DIRECTOR TOWN PLANNING DEPARTMENT BRUHATH BENGALURU MAHANAGAR PALIKE, MAHADEVAPURA, BANGALORE-560 048. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 – R3; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) DIRECTION OF SIMILAR NATURE DECLARING SECTIONS 240A AND 240C INSERTED BY WAY OF AMENDMENT TO THE BBMP ACT VIDE KARNATAKA ORDINANCE NO.8 OF 2021 UNCONSTITUTIONAL AND ETC. - 3 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 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 in the nature of a declaration or any other writ, order, direction of similar nature declaring Sections 240A and 240C inserted by way of amendment to the BBMP Act vide Karnataka Ordinance No.8 of 2021 unconstitutional; b. Issue a writ in the nature of certiorari or any other writ, order, direction of similar nature quashing the Officer Order dated 9.12.2021 issued by Respondent No.4 produced at Annexure-C unconstitutional. Vide HE.NI.NA. YO/PR/461/2021-22. c. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that Section 18-A of Karnataka Town and Country Planning Act, 1961 Annexure-E as unconstitutional; - 4 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 d. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that amendment to Rule 37-A and 37-C of Karnataka Planning Authority Rules issued by Respondent No.1 vide No.UDD 3 TTP 2015 dated 25.02.2020 is ultra vires and unconstitutional; Annexure-D e. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that Circular dated 14.8.2020 issued by Respondent No.4 bearing number He.Ne.Ka.Pa.Ko/P.R/320/2020-21 at Annexure-F is illegal and unconstitutional; f. Issue a writ in the nature of certiorari or any other similar order, writ, or direction quashing Demand Note vide L.P No.BBMP/ Ad.Com./MDP/0587/24-25 issued by Respondent No.5 produced at Annexure-B insofar it is concerned to ground rent, GST on ground rent, Betterment charges for building, betterment charges for site, excess security deposit, received license fee, revised scrutiny fee, cess for water supply scheme, surcharges for formation outer ring road, cess for improvement of slum, surcharges for mass rapid transport system, labour cess and etc., as illegal, without jurisdiction and arbitrary. - 5 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 g. Issues a writ or order or direction by way of mandamus directing the respondent No.4 and 5 BBMP to issue the sanction plan for construction of the building in the schedule property without insisting the ground rent GST on ground rent, betterment charges for building, betterment charges for site, excess security deposit, revised license fee, revised scrutiny fee, cess for water supply scheme, surcharges for formation outer ring road, cess for improvement of slum surcharge for mass rapid transport system, labour cess and etc., and h. Pass any such other orders as this Hon'ble court deems fit in the fact and circumstance 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. - 6 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 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. 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. - 7 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 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 Nil issued by respondent No.5 as per Annexure-B is hereby set-aside. (iii) Respondent Nos.4 and 5 - BBMP are hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent Nos.4 and 5 - BBMP are directed to forthwith process the petitioners' application seeking building license and sanction of the building plan, strictly in accordance with law. - 8 - HC-KAR NC: 2025:KHC:25254 WP No. 8703 of 2025 (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 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.: 32