- 1 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 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.18318 OF 2024 (LB-BMP) BETWEEN: NAVEEN KUMAR M. S/O LATE MUNIREDDY, AGED ABOUT 48 YEARS, #60/1, YERRAMMA NILAYA, 1ST MAIN, 1ST CROSS, OLD MADRAS ROAD, BENNIGANAHALLI, BENGALURU-33. …PETITIONER (BY SRI.VIJAYAKUMAR S.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASASOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-01, REPRESENTED BY ITS SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-02, REPRESENTED BY ITS COMMISSIONER. 3. THE ASSISTANT DIRECTOR TOWN PLANNING, NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-48. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 & R3) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASH THE IMPUGNED DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT BEARING NO.NIL DATED NIL AS PER ANNEXURE-G. 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) Quash the impugned demand notice issued by the 2nd respondent bearing No. Nil dated Nil as per Annexure-G by issuing writ of Certiorari. b) Grant such other relief as this Hon'ble court deems fit under the circumstances of the case in the interest of justice.” 2. The Co-ordinate Benches of this Court, in W.P.No.23086/2022 and connected matters(herein - 3 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 of 2024 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 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 - 4 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 of 2024 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. 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.2 as per Annexure-G is hereby set-aside. - 5 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 of 2024 (iii) Respondent Nos.2 and 3 - BBMP are hereby directed to issue fresh/modified sanction plan and commencement certificate as the case may be. (iv) Respondent Nos.2 and 3 - BBMP are directed to forthwith process the petitioner’s application seeking building license and sanction of the building plan and commencement certificate, strictly in accordance with law. (v) It is made clear that the issuance of the building license and approval of the plan and commencement 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 building license and sanction plan and commencement certificate are issued, the same shall be subject to the outcome of any appeal - 6 - HC-KAR NC: 2025:KHC:24753 WP No. 18318 of 2024 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.: 15