- 1 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 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.13264 OF 2024 (LB-BMP) BETWEEN: M/S. DHARIWAL INDUSTRIES PVT. LTD. A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 100 + 101, D. KENNEDY ROAD, PUNE-411001, MAHARASHTRA REPRESENTED BY ITS GPA M/S. RAJARAJESHWARE BUILDCON PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.67/1, ‘SRI RANGA’, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BANGALORE-560004. BY ITS DIRECTOR SRI RANJIT KUMA J. SHA. …PETITIONER (BY SRI VIVEKANANDA T.P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560001. 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560002 REPRESENTED BY ITS COMMISSIONER. 4. THE JOINT DIRECTOR TOWN PLANNING (SOUTH), BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560002. …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 ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO.1/2022 DATED 13.01.2022 ENACTED BY THE 2ND RESPONDENT PUBLISHED THROUGH NOTIFICATION BEARING NO.DPAL 50 SHASANA 2021 GAZETTED ON 13.01.2022 AT ANNEXURE-H DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL; ISSUE WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE OFFICE ORDER BEARING NO. ADTP/PR/461/2021-22 DATED 09.03.2022 ISSUED BY THE THIRD RESPONDENT AT ANNEXURE-J 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:23162 WP No. 13264 of 2024 ORAL ORDER The captioned petition is filed seeking following reliefs: “i) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated 13.01.2022 enacted by the 2nd respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-H declaring it to be ultravires and unconstitutional; ii) issue writ of certiorari or similar writ or order or direction to quash the Office Order bearing No.ADTP/PR/461/2021-22 dated 09.03.2022 issued by the third respondent at Annexure -J; iii) issue a writ of certiorari or similar writ or order or direction to quash the demand notice bearing No.BBMP/Addl.Dir/JD(S)/LP0111/15-16 dated 29.04.2024 at Annexure-E issued by the Respondent No.4 in so far as demand towards Ground Rent in a sum of Rs.49,62,084/-, CGST of Rs.8,93,175/- are concerned; iv) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case n the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 2. It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench in the reported judgment in W.P.No.23086/2022 and connected matters. The Co-ordinate Bench, while deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024). Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under; "ORDER (i) The writ petitions are partly allowed. (ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside. (iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside. (iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and - 5 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only in respect of ‘Development Plan’ containing the proposal for construction on plots measuring more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters. (v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority Rules, 1965. (vi) It is hereby declared that the linking of the fee leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965, to the ‘market value’ or ‘guidance value’ as determined under Section 45-B of the Karnataka Stamp Act, 1957, is illegal. However, liberty is reserved to the respondent-State Government and the BBMP to re-fix a standard after collecting empherical data. (vii) Consequently, all the impugned Circulars which seek to give effect to the Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are hereby quashed and set aside. (viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003, - 6 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 providing for ‘Ground Rent’, is illegal and are accordingly quashed and set aside. (ix) Consequently, all the impugned Demand Notices raised by the respondent-BBMP, in respect of the writ petitioners herein are also quashed and set aside. It would be advisable that the BBMP may come out with a scheme for ‘One Time Settlement’ and settle the levy and collect the fee generally acceptable to the citizens of Bengaluru. This would also augment the present situation." 3. In the present writ petition, the core issue raised stands substantially covered and decided by the authoritative pronouncement of the coordinate bench, wherein the writ petitions were partly allowed and several consequential reliefs were granted. The Hon’ble Court, in unequivocal terms, quashed and set aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Acts of 2021 and 2023 (Karnataka Act Nos.01 of 2022 and 37 of 2024 respectively). 4. The Court further declared that the provisions under Section 18-A of the Karnataka Town and Country - 7 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only to development proposals concerning plots exceeding 20,000 square meters, and not to smaller plots. Importantly, it was also held that if a fee has been previously collected for change of land use or approval of layout plan, no further fee shall be levied for subsequent development plans, in view of the explanatory 'Note' to Table I of Rule 37-A. 5. The Court declared illegal the linkage of such levies to market or guidance value under Section 45-B of the Karnataka Stamp Act, and consequently, quashed all Circulars and demand notices issued to give effect to such unlawful interpretations. Clause 3.8 of the BBMP Building Bye-laws, 2003, imposing 'Ground Rent', was also struck down. 6. In view of these comprehensive declarations and findings, it is submitted that the controversy raised in - 8 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 the present writ petition no longer survives for adjudication independently, as it is squarely covered by the binding judgment of the coordinate bench. In the light of the law laid down in the reported judgment, substantially covering the issue, which is raised in the captioned writ petition, the writ petition is liable to be allowed strictly aligning to the operative portion of the said writ petition. 7. In view of the above, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice signed 29.04.2024 issued by respondent No.4 as per Annexure-E is hereby set-aside. (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. - 9 - HC-KAR NC: 2025:KHC:23162 WP No. 13264 of 2024 (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 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 MBM List No.: 2 Sl No.: 4