- 1 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.19824 OF 2025 (LB-BMP) BETWEEN: 1. H M RAMANJINI S/O LATE MUNISHAMAPPA @ MUNISWAMAPPA AGED ABOUT 66 YEARS 2. BHAGYAMMA W/O H M RAMANJINI AGED ABOUT 62 YEARS 3. RAJU H R S/O H M RAMANJINI AGED ABOUT 44 YEARS 4. H R RATHAN GOWDA S/O RAJU H R AGED ABOUT 18 YEARS 5. MASTER H R TRISHAN GOWDA S/O RAJU H R AGED ABOUT 14 YEARS 6. KOMALA RAJU W/O RAJU H R AGED ABOUT 40 YEARS PETITIONERS NO. 1 TO 6 ARE R/A NO.40, DHANADHAMMA TEMPLE ROAD HENNUR VILLAGE, KALYANNAGAR POST BANGALORE-560043 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 7. H R SURESH S/O H M RAMANJINI AGED ABOUT 42 YEARS 8. MASTER VISHAL ASHWIN HENNUR SURESH S/O H R SURESH AGED ABOUT 13 YEARS 9. MS. VAIBHAVI APARAJITHA HENNUR SURESH D/O H R SURESH AGED ABOUT 9 YEARS 10. SHRUTHI H M W/O H R SURESH AGED ABOUT 33 YEARS PETITIONERS NO. 7 TO 10 ARE R/A NO.4/5, VIJAYASUHASINI GOWDA STREET, HENNUR KALYANNAGAR POST BENGALURU-560043. 11. MANJULA R D/O H M RAMANJINI AGED ABOUT 47 YEARS R/A NO.36, BIAL ROAD ANJINAYA TEMPLE, KADIGANAHALLI CHIKKAJALA, BANAGLORE-562157. 12. SUBRAMANI H M S/O LATE MUNISHAMAPPA @ MUNISWAMAPPA AGED ABOUT 56 YEARS 13. N. SAROJAMMA W/O SUBRAMANI H M AGED ABOUT 54 YEARS 14. H S KIRAN KUMAR S/O SUBRAMANI H M AGED ABOUT 54 YEARS - 3 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 15. VINUTHA R W/O H S KIRAN KUMAR AGED ABOUT 24 YEARS 16. MS YASHVI ARADHAYA D/O H S KIRAN KUMAR AGED ABOUT 7 MONTHS 17. KISHORE S S/O SUBRAMANI H M AGED ABOUT 28 YEARS PETITIONERS NO. 12 TO 17 ARE R/A E-317, GOWDARA COLONY NEAR DHANADHAMMA TEMPLE ROAD HENNUR, KALYANNAGARA POST BENGALURU-560043. ALL PETITIONERS ARE REPRESENTED BY GPA HOLDER NEUMA REALTY PVT LTD A REGISTERED COMPANY UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT NO.3219, 4TH FLOOR WEST LAKE PLAZA KV JAIRAM ROAD, JAKKUR BANGALORE-560064. REPRESENTED BY ITS DIRECTOR SAURABH CHURIWAL AGED ABOUT 33 YEARS …PETITIONERS (BY SRI. ROHAN .S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. BR AMBEDKAR VEEDHI - 4 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 BANGALORE-560001. REPRESENTED BY ITS SECRETARY 2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA, DR. BR AMBEDKAR VEEDHI BANGALORE- 560001 REPRESENTED BY ITS SECRETARY 3. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560002 REPRESENTED BY ITS COMMISSIONER 4. THE ASSISTANT DIRECTOR OF TOWN PLANNING MAHADEVPURA ZONE WARD NO.82, BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560071. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1 AND R2; SRI. PAWAN KUMAR, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE DATED 21.06.2025, BEARING LP NO. BBMP/AD.COM/MDP/0038/25-26, ISSUED BY THE RESPONDENT NO.4 (ANNEXURE-E) FOR DEMANDING IN SO FAR IT IS CONCERNED TO GROUND RENT, GST ON GROUND RENT, LICENSE FEE, SCRUTINY FEE, BETTERMENT CHARGES FOR BUILDING, BETTERMENT CHARGES OF SITE, LAKE REJUVENATION FEE, CESS FOR WATER SUPPLY SCHEME, SURCHARGE FOR FORMATION OUTER RING ROAD, CESS FOR IMPROVEMENT OF SLUM, SURCHARGE FOR MASS RAPID TRANSPORT SYSTEM, LABOUR CESS AND ETC., AS ILLEGAL, WITHOUT JURISDICTION AND ARBITRARY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed seeking for the following reliefs; " i. Issue a writ or order by way of certiorari quashing the demand notice dated 21.06.2025, bearing LP NO. BBMP/AD.COM/MDP/0038/25-26, issued by the respondent no.4 (Annexure-E) for demanding in so far it is concerned to Ground Rent, GST on ground rent, License fee, scrutiny fee, Betterment charges for building, Betterment charges of site, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation outer ring road, Cess for improvement of slum, Surcharge for Mass Rapid Transport System, Labour cess and etc., as illegal, without jurisdiction and arbitrary. ii. Issue a writ or order or direction by way of mandamus directing the respondent no.3 and 4 BBMP to issue the sanction plan for construction of the Industry Building in the Schedule Property without insisting the Ground rent, GST on Ground rent, License fee, scrutiny fee, Betterment charges for building, Betterment Charges of site, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation outer ring road, Cess for improvement of slum and Surcharge for Mass Rapid Transport System, Labour Cess and - 6 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 iii. 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. 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. - 7 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 (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 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 - 8 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 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, 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). - 9 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 4. The Court further declared that the provisions under Section 18-A of the Karnataka Town and Country 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. - 10 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 6. In view of these comprehensive declarations and findings, it is submitted that the controversy raised in 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 dated 21.06.2025 issued by respondent No.4 as per Annexure-E is hereby set-aside. (iii) Respondent Nos.3 and 4 - BBMP are hereby directed to issue fresh/modified plan as the case may be. - 11 - HC-KAR NC: 2025:KHC:24801 WP No. 19824 of 2025 (iv) Respondent Nos.3 and 4 - BBMP are hereby directed to forthwith process the petitioners' 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 plan shall not be withheld merely on the 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 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 NBM List No.: 1 Sl No.: 32