- 1 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 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. 15090 OF 2024 (LB-BMP) BETWEEN: SRI. K.VISWANATH AGED 74 YEARS, S/O LATE H. KRISHAN REDDY, RESIDING AT HOUSE NO.904, 4TH CROSS, 9TH MAIN, BTM II STAGE, BANGALORE-560 076. REPRESENTED BY HIS GPA HOLDER, M/S. KEERTHI ESTATES PVT. LTD., A REGISTERED COMPANY HAVING ITS BRANCH OFFICE AT FLAT NO.G-1, KEERTHI ORNATTA, C.V. RAMAN NAGAR MAIN ROAD, NAGAVARAPALYA, BANGALORE-560 093. BY ITS MANAGING DIRECTOR SRI. K. ANIL KUMAR REDDY, AGED ABOUT 74 YEARS, S/O K. SRINIVAS REDDY. …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, BANGALORE-560 001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002. REPRESENTED BY ITS COMMISSIONER. 4. THE JOINT DIRECTOR TOWN PLANNING (NORTH), BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R1 & R2; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO i) QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO. 01/2022 DATED 13/01/2022 ENACTED BY THE R2 PUBLISHED THROUGH NOTIFICATION BEARING NO. DPAL 50 SHASANA 2021 GAZETTED ON 13/01/2022 AT ANNEXURE-H DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL 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:24554 WP No. 15090 of 2024 ORAL ORDER This petition is filed seeking the 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/JDNORTH/LP/0452/ 13-14 dated 30.05.2024 at Annexure-E issued by the Respondent No.4 in so far as demand towards Ground Rent in a sum of Rs.98,13,027/-, GST of Rs.17,66,345/-, license fee of Rs.27,81,317/- and scrutiny fee of Rs.1,39,066/- are concerned; iv. issue any other appropriate writ or order or direction to the respondents deemed fit in the - 4 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 circumstances of the case 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. (iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside. - 5 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 (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 the Karnataka Planning Authority Rules, 1965, are hereby quashed and set aside. - 6 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 (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). - 7 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 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. - 8 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 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 30.05.2024 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 Occupancy Certificate in accordance with law in compliance of the - 9 - HC-KAR NC: 2025:KHC:24554 WP No. 15090 of 2024 construction strictly adhering to the approved building plan. (iv) Respondent Nos.3 and 4 - BBMP are 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 NBM List No.: 2 Sl No.: 5