- 1 - HC-KAR NC: 2025:KHC:26100 WP No. 10452 of 2020 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. 10452 OF 2020 (LB-BMP) BETWEEN: TOTAL ENVIRONMENT LIVING SPACES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT “IMAGINE”, NO.78, ITPL ROAD, EPIP ZONE, WHITEFIELD, BANGALORE-560 066. REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SURESH CHANDRA BHANDARI …PETITIONER (BY SRI. SRIDHAR G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 002, REPRESENTED BY ITS COMMISSIONER. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26100 WP No. 10452 of 2020 3. THE JOINT DIRECTOR BUILDING LICENCE CELL (SOUTH) THE BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560 002. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1 & R2; R2- BBMP BANGALORE SERVED R3- THE JOINT DIRECTOR, BUILDING LICENSE CELL (SOUTH) BBMP, BANGALORE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- (I) QUASH THE BBMP/ADDL.DIR/JD SOUTH/LP/0423/2012-13 DATED: 29.08.2020 AT ANNEXURE-B ISSUED BY THE 3RD RESPONDENT IN SO FAR AS THE DEMAND FOR SUM OF RS.26,55,378/- TOWARDS GROUND RENT AND GST, LICENSE FEE OF RS.22,50,320/- 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:- “(i) Issue a writ of certiorari or similar writ or order of direction to quash the BBMP/ADDL.Dir/JD South/LP/0423/2012-13 dated: 29-08-2020 at Annexure-B issued by the 3rd Respondent in so far as the demand for sum of Rs.26,55,378/- towards ground - 3 - HC-KAR NC: 2025:KHC:26100 WP No. 10452 of 2020 rent and GST, license fee of Rs.22,50, 320/- and Rs.1,12,516/- of scrutiny fee. (ii) Issue writ of certiorari /Mandamus or any other appropriate writ order or direction declaring that Bye-Law no.3.9 of Building Bye Laws-2003 issued in pursuance of Section 428 of the Karnataka Municipal Corporation Act, 1976 as ultravires, unconstitutional, arbitrary and illegal. (iii) Issue any other appropriate writ or order or direction deemed fit in the 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, - 4 - HC-KAR NC: 2025:KHC:26100 WP No. 10452 of 2020 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:26100 WP No. 10452 of 2020 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 29.08.2020 issued by respondent No.3 as per Annexure-B is hereby set-aside. (iii) Respondent Nos.2 and 3 - BBMP are hereby directed to issue Partial Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent Nos.2 and 3 - BBMP are directed to forthwith process the petitioner’s application seeking Partial Occupancy Certificate, strictly in accordance with law. - 6 - HC-KAR NC: 2025:KHC:26100 WP No. 10452 of 2020 (v) It is made clear that the issuance of the Partial 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 Partial 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. Pending applications, if any, are also disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 2