- 1 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 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. 7983 OF 2022 (LB-BMP) BETWEEN: SRI. SANJEEV SHAKHAPUR S/O A.R. SHAKHAPUR, AGED ABOUT 50 YEARS, R/AT NO.11-1822, VIDAYANAGAR, GULBARGA PIN-585 103. AND ALSO VILLA 4, RAMANASHREE CALIFORNIA GARDENS, BELUEBERRY STREET, YALAHANKA, BANGALORE-560 092. …PETITIONER (BY SRI. YASHAVANTHSWAMY A.M., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASSOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT, VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. REPRESENTED BY ITS UNDER SECRETARY. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001, REPRESENTED BY ITS SECRETARY. 4. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 002, REP. BY ITS COMMISSIONER. 5. THE ASSISTANT DIRECTOR OF TOWN PLANNING (YELAHANKA) ROOM NO.2 BRUHAT BANGALORE MAHANAGARA PALIKE, AMRUTHAHALLI MAIN ROAD, BYTRAYANPURA, BELLARY ROAD, BENGALURU-560 092. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1 – R3; SRI. H. DEVENDRAPPA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING 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 AS CONTAINED IN ANNEXURE-G1 INSOFAR AS SECTION 18-A(i) AND (iv) OF THE KARNATAKA ACT NO.23 OF 2004 IS CONCERNED 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:26102 WP No. 7983 of 2022 ORAL ORDER This petition is filed seeking the following reliefs:- “i) Grant an order, direction or writ in the nature of certiorari quashing section 18-A of the Karnataka town & country planning act, 1961 brought into effect by Karnataka act no 23 of 2004 (Karnataka town country planning as contained in ANNEXURE-G1 insofar as section 18-A (i) and (iv) of the Karnataka act No 23 of 2004 is concerned; ii) Grant an order, direction or writ in the nature of certiorari quashing the notification issued by the 1st respondent bearing No.UDD 3 TTP 2015 dated 25/02/2020 as contained in ANNEXURE-G insofar as the inserted rule 37-A and 37-C is concerned. iii) Issue a writ or order by way of certiorari quashing the circular dated 04/09/2015, bearing No.Heninayo/JD(N)/M3/PR/320/2015- 16 issued by the respondent No.4 ANNEXURE- E in so far the petitioner is concerned. iv) Issue a writ or order by way of certiorari quashing the circular dated 14/8/2020 bearing No.He.Ni.ka.pa.ko/PR/320/2020-21 issued by - 4 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 the respondent No.4 ANNEXURE- H in so far the petitioner is concerned. v) Issue a writ or order by way of certiorari quashing the government order bearing No.LD/300/LET/2006 dated 18/1/2007 and the corrigendum order bearing No.LD/300/ LET/2006, dated 28/2/2007 issued by the respondent No.2 mandating upfront collection of labor welfare Cess (ANNEXURE-F) in so for the petitioner is concerned. vi) Issue a writ or order by way of certiorari quashing the demand notice dated 31/03/2022 bearing No.BBMP/Ad.Com/YLK/ 1254/21-22, issued by the respondent No.5 ANNEXURE- D for demanding in so far it is concerned to 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, surcharge for formation outer ring road, cess for improvement of slum, surcharge for mass rapid transport system, labour cess and etc, as illegal, without jurisdiction and arbitrary. vii) Issue a writ or order or direction by way of mandamus directing the respondent No.4 and - 5 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 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, surcharge for formation outer ring road, cess for improvement of slum surcharge for mass rapid transport system, labour cess and etc, and viii) Pass any such other orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest 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, - 6 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 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. 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. - 7 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 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. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 31.03.2022 issued by respondent No.5 as per Annexure-D 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 hereby directed to forthwith process the petitioner's application seeking building license and sanction of the building plan, strictly in accordance with law. - 8 - HC-KAR NC: 2025:KHC:26102 WP No. 7983 of 2022 (v) It is made clear that the issuance of the building license and approval 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 subjected to the outcome of any appeal that may be filed by the BBMP against the judgment. Pending applications, if any, are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 4