- 1 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 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. 21390 OF 2021 (LB-BMP) BETWEEN: SMT. C. SAPNA REDDY WIFE OF SRI. N. RAMESH, AGED ABOUT 43 YEARS, RESIDING AT: NO.1528, 17TH MAIN ROAD, J.P.NAGAR 2ND PHASE, BENGALURU-560 078. …PETITIONER (BY SRI. KEERTHIKAR S., ADVOCATE) AND: 1. THE BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQURE, BENGALURU-560 002. REPRESENTED BY ITS COMMISSIONER. 2. STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASASOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY IS SECRETARY. 3. THE ASSISTANT DIRECTOR TOWN PLANNING, SOUTH ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, BBMP COMPLEX, 9TH CROSS, 9TH MAIN, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 2ND BLOCK, JAYANAGAR, BENGALURU-560 011. 4. STATE OF KARNATAKA DEPARTMENT OF LABOUR, VIKASASOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. DEVENDRAPPA H., ADVOCATE FOR R1 & R3; SMT. SPOORTHY V., HCGP FOR R2 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- (A) DECLARE THE BYELAWS NO.3.9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES 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 ORAL ORDER This petition is filed seeking the following reliefs:- “a) Issue a Writ of Certiorari or any other appropriate Writ of like nature or direction, declaring the Byelaws No. 3.9 of the Bangalore Mahanagara Palike Building Bye- laws 2003 as unconstitutional, illegal and ultra vires; - 3 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 b) Issue a Writ of Certiorari or any other appropriate Writ of like nature, or direction, quashing the 2 Demand Notices both dated 06-11-2021 bearing No.BBMP/EoDB/CH/ 22457/21-22 and No.BBMP/EoDB/CH/ 22458/21-22 and issued by Respondent No.1 demanding payment towards Ground Rent (including GST) and other additional charges and levies at ANNEXURE-A & B respectively. c) Grant such other and further relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interests 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, - 4 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 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. 5. In light of the authoritative pronouncements, the present petition does not warrant separate - 5 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 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 notices dated 06.11.2021 issued by respondent No.1 as per Annexures-A and B are hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent - BBMP is directed to forthwith process the petitioner’s application seeking building license and sanction of the building plan, strictly in accordance with law. (v) It is made clear that the issuance of the building license and approval of the plan shall not be withheld merely on the - 6 - HC-KAR NC: 2025:KHC:26101 WP No. 21390 of 2021 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.: 3