- 1 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7571 OF 2021 BETWEEN: SOCIAL SERVICES SOCIETY OF THE SISTERS OF ST.JOHN THE BAPTIST A REGISTERED SOCIETY NO.9, OLD MADRAS ROAD MICHEL PALYA, HOYSALA NAGAR BANGALORE-560 038 …PETITIONER (BY SRI. VIVEKANANDA T.P, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTD BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE 560 001 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDAH BANGALORE REPRESENTED BY IS SECRETARY 3. THE BRUHAT BANGALORE MAHANAGAA PALIKE N.R.SQUARE, BANGALORE-560 002 REPRESENTED BY ITS COMMISSIONER Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 4. THE JOINT DIRECTOR TOWN PLANNING (SOUTH ) BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE 560 002 …RESPONDENTS (BY SRI. BOPANNA B, AGA FOR R1 & R2; SMT. SINCHANA M.R, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE NO.1 DATED NIL GENERATED ON 30.01.2021 AT ANNEXURE-D ISSUED BY THE R4 ONLY IN SO FAR AS THE DEMAND OF RS.41,090/- TOWARDS SCRUTINY FEE RS.8,24,735/- TOWARDS LICENSE FEE, RS.7,63,658/- TOWARDS GROUND RENT AND GST, RS.2,93,500/- TOWARDS BETTERMENT FEE FOR BUILDING RS.13,03,120/- TOWARDS BETTERMENT FEE FOR SITE ARE RS.2,93,500/- TOWARDS SECURITY DEPOSIT, RS.5,21,248/- TOWARDS WATER SUPPLY SCHEME, RS.2,60,624/- TOWARDS SLUM BOARD RS.5,21,248/- TOWARDS RING ROAD, RS.13,03,120/- TOWARDS MRTS, RS.1,30,312/- TOWARDS 5 PER CENT SURCHARGE ON CESS, 1 PERCENT SERVICE CHARGE ON LABOUR CESS AND LABOUR CESS OF RS.5,35,000/- ARE CONCERNED AND DIRECTION DECLARING THAT BYE-LAW NO.3.9 IN THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS, 2003 AS UNCONSTITUTIONAL, ARBITRARY, ILLEGAL AND ULTRAVIRES AND ETC. - 3 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 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 The captioned petition is filed seeking the following reliefs: i) Issue a writ of certiorari or similar writ or order or direction to quash the demand notice No. 01 dated nil generated on 30.01.2021 at Annexure-D issued by the respondent No.4 only in so far as the demand of Rs.41,090/- towards scrutiny fee, Rs.8,24,735/- towards license fee, Rs.7,63,658/- towards Ground Rent and GST, Rs.2,93,500/- towards Betterment fee for building, Rs. 13,03,120/- towards betterment Fee for Site are, Rs.2,93,500/- towards Security deposit, Rs.5,21,248/- towards Water Supply Scheme, Rs.2,60,624/- towards Slum Board, Rs.5,21,248/- towards Ring Road, Rs. 13,03,120/- towards MRTS, Rs.1,30,312/- towards 5% surcharge on Cess, 1% service charge on labour cess and labour cess of Rs.5,35,000/- are concerned; ii) Issue a writ of Mandamus or any other appropriate writ or order or direction declaring that Bye-law No.3.9 in the Bangalore Mahanagara Palike Building Bye-laws, 2003 as unconstitutional, arbitrary, illegal and ultravires; iii) Issue Writ of Certiorari quashing the Government Order issued by the 2nd Respondent bearing G.O.No.LD 300 LET 2006 dated 18.01.2007 and the corrigendum bearing No. LD 300 LET 2006 dated 28.02.2007 directing upfront collection of labour welfare cess, as contained in ANNEXURE-E; - 4 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 iv) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1" Respondent at Annexure-G in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. v) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TPP 2015 dated 25.02.2020 as contained in ANNEXURE-H in so far as the amended Rule 37-A and Rule 37-C are concerned; vi) Issue writ of mandamus or similar writ or order or direction directing the respondent Nos. 3 and 4 to issue building plan and license pursuant to the demand notice demand notice No. 01 dated nil generated on 30.01.2021 at Annexure-D without insisting for payment of aforesaid demands. vii) Issue any other appropriate writ or order or direction as 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, License - 5 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 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 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 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 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. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice issued by respondent No.4 as per Annexure-D is 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 ground that the - 7 - HC-KAR NC: 2025:KHC:21093 WP No. 7571 of 2021 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 DH List No.: 2 Sl No.: 8