- 1 - HC-KAR NC: 2025:KHC:23168 WP No. 14436 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14436 OF 2024 (LB-BMP) BETWEEN: M/S. NARYA CONSTRUCTIONS PVT. LTD., A REGISTERED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT D.NO.2-164, SRI LAKSHIMI NAGAR, MUTHYALA REDDY PALLI, TIRUPATI-517502, ALSO HAVING ITS OFFICE AT NO.G903, 9TH FLOOR, SPECTRA RAAYA APARTMENT, NALLURAHALLI MAIN ROAD, SIDDAPURA, BANGALORE-560066 REPRESENTED BY ITS DIRECTOR MR. YUGANDHAR .S S/O S.SURYA PRAKASH AGED ABOUT 38 YEARS. …PETITIONER (BY SRI SUDHAKAR G.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR. B.R. AMBEDKARVEEDHI, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23168 WP No. 14436 of 2024 2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA, DR. B.R. AMBEDKARVEEDHI, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. 3. BRUHAT BANGALORE MAHANAGAR PALIKE N.R. SQUARE, BANGALORE-560002. REPRESENTED BY ITS COMMISSIONER. 4. THE ASSISTANT DIRECTOR (TOWN PLANNING-BOMMANAHALLI) BRUHAT BANGALORE MAHANAGARA PALIKE, BEGUR MAIN ROAD, BOMMANHALLI, BANGALORE-560068. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R-1 & R-2; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-3 & R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER DECLARING THAT THE ENTIRE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 (KARNATAKA ACT NO.01 OF 2022) NOTIFIED ON 13/01/2022 (ANNEXURE-H) AS BEING ULTRA VIRES THE CONSTITUTION IN SO FAR THE PETITIONER IS CONCERNED; TO DECLARE THAT KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 (KARNATAKA ACT NO.01 OF 2022) NOTIFIED ON 13/01/2022 (ANNEXURE-H) IS IN VIOLATION/CONTRARY TO THE DECISION OF THIS HON’BLE COURT IN W.P. NO.4601/2020 (LB-BMP) 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:23168 WP No. 14436 of 2024 ORAL ORDER The captioned petition is filed seeking following reliefs: “i) Grant an order declaring that the entire Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on 13/01/2022 (Annexure-H) as being ultra vires the Constitution in so far the Petitioner is concerned. ii) To declare that Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on 13/01/2022 (ANNEXURE-H) is in violation/contrary to the decision of this Hon'ble Court in W.P.No.4601/2020 (LB-BMP). iii) Grant an order, direction or writ in the nature of certiorari quashing the Office Order No.HaNiNaYo/PR/461/2021-22 dated 09/03/2022 issued by Respondent No.3 as contained in (ANNEXURE-J) in so far the Petitioner is concerned. iv) issue a writ or order by way of certiorari quashing the demand notice dated 17/01/2024 bearing No.A.D.T.P/Bo.Va/LP/0587/17-18/23-24, issued by the Respondent No.4 (Annexure-D) for demanding in so far it is concerned to Ground rent, GST on Ground rent and Scrutiny fee as illegal, without jurisdiction and arbitrary. v) issue a writ or order or direction by way of mandamus directing the Respondent No.3 and 4 BBMP to issue the Occupancy certificate for the residential multi- - 4 - HC-KAR NC: 2025:KHC:23168 WP No. 14436 of 2024 storied apartment constructed on the Schedule Property without insisting the Ground rent, GST on Ground rent and Scrutiny fee; and vi) pass any such other order(s) as this Hon'ble Court deems fit in the facts and circumstances 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. 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. 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 - 5 - HC-KAR NC: 2025:KHC:23168 WP No. 14436 of 2024 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. 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 17.01.2024 issued by respondent No.4 as per Annexure-D is hereby set-aside. - 6 - HC-KAR NC: 2025:KHC:23168 WP No. 14436 of 2024 (iii) Respondent - BBMP is hereby directed to issue Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent-BBMP is hereby directed to forthwith process the petitioner’s application seeking occupancy certificate, strictly in accordance with law. (v) It is made clear that the issuance of the 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 occupancy certificate is issued, the same shall be subject to the outcome of any appeal that may be filed by the BBMP against the said judgment. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MBM List No.: 2 Sl No.: 9