- 1 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 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. 7766 OF 2025 (LB-BMP) BETWEEN: 1. DR. B.M. NIRMALA W/O LATE H.V. PRABHAKAR REDDY, AGED ABOUT 51 YEARS, 2. V.P. KIRAN S/O LATE H.V. PRABHAKAR REDDY, AGED ABOUT 32 YEARS, 3. V.P. PADMASHRI D/O LATE H.V. PRABHAKAR REDDY, AGED ABOUT 27 YEARS, PETITIONER NOS.1 TO 3 R/A NO.1142, 35TH 'C' CROSS, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560 041. 4. C. SREENIVASA S/O LATE CHANDRA MOHAN, AGED ABOUT 42 YEARS, R/A NO.455, OLD SYNDICATE BANK ROAD, K R PURAM, BANGALORE 560 036. 5. A.S. MANJUNATH S/O A. SATHYANARAYANA SHETTY, AGED ABOUT 48 YEARS, R/A AMMAVARPET, KOLAR-563 101. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 6. R. BALRAJ S/O P. RAYAPPA, AGED ABOUT 48 YEARS, R/A NO.97, T.C. PALYA, K.R. PURAM, BANGALORE-560 036. 7. A LAWRENCE S/O ANTHONY SWAMY, AGED ABOUT 41 YEARS, R/A NO.39, T.C. PALYA, K.R. PURAM, BANGALORE-560 006. 8. K. RAMAKRISHNA S/O MR. K. BALARAMA SHETTY, AGED ABOUT 38 YEARS, R/A FLAT NO.201, NO.40, MAHIMA RESIDENCY, SUNRISE LAYOUT, YELICHENAHALLI, BANGALORE-560 062. 9. A.S. BADARINATH S/O A. SATHYANARAYANA SHETTY, AGED ABOUT 46 YEARS, R/A AMMAVARPET, KOLAR-563 101. PETITIONER NOS.1 TO 9 REPRESENTED BY THEIR GPA HOLDER MONARCH, REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT NO.54, BRIGADE ROAD, BANGALORE-560 001. REPRESENTED BY ITS MANAGING PARTNER, DAWOOD MOHAMMED, S/O MOHAMMED DAWOOD, R/A NO.13, 3RD MAIN, JAYAMAHAL, BANGALORE-560 046. 10. MONARCH REGISTERED PARTNERSHIP FIRM REGISTERED UNDER - 3 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 THE INDIAN PARTNERSHIP ACT, 1932, HAVING ITS OFFICE AT NO.54, BRIGADE ROAD, BANGALORE-560 001. (REPRESENTED BY ITS PARTNER DAWOOD MOHAMMED, S/O MOHAMMED DAWOOD, R/A NO.13, 3RD MAIN, JAYAMAHAL, BANGALORE-560 046. …PETITIONERS (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. 3. THE JOINT DIRECTOR TOWN PLANNING- NORTH, THE BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560 002. …RESPONDENTS (BY SRI. BOPANNA B., AGA FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO QUASH THE BBMP/ADDL.DIR/JD NORTH/LP/0006/2019-20 DATED 04.03.2025 AT ANNEXURE-B ISSUED BY THE 3RD RESPONDENT IN SO FAR AS THE DEMAND - 4 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 FOR SCRUTINY FEE OF RS.9,37,846/-, GROUND RENT OF RS.1,10,53,181/- ALONG WITH GST OF RS.41,06,351/- AMOUNTING TO A TOTAL OF RS.1,60,97,378/-. 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 North/LP/0006/2019-20 dated 04.03.2025 at Annexure-B issued by the 3rd respondent in so far as the demand for scrutiny fee of Rs.9,37,846/-, ground rent of Rs.1,10,53,181/- along with GST of Rs.41,06,351/- amounting to a total of Rs.1,60,97,378/-. (ii) Issue any other appropriate writ or order or direction deemed fit in the circumstances of the case in the interest of justice and equirty.” 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 - 5 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 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 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. - 6 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 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 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 04.03.2025 issued by respondent No.3 as per Annexure-B is hereby set- aside. (iii) Respondent No.3 - BBMP is hereby directed to issue Occupancy Certificate in accordance with law in - 7 - HC-KAR NC: 2025:KHC:25799 WP No. 7766 of 2025 compliance of the construction strictly adhering to the approved building plan. (iv) Respondent No.3 - BBMP is 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 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.: 28