- 1 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 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. 12782 OF 2025 (LB-BMP) BETWEEN: SRI. ATUL KUMAR TIWARI S/O SACCHINAND TIWARI, AGED ABOUT 55 YEARS, RESIDING AT D1/139, SATYA MARG, CHARKYA PURI, NDMC, CHANAKYA PURI, SOUTH WEST DELHI, DELHI-110 021. …PETITIONER (BY SRI. MAHESH REDDY G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 3. BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, HUDSON CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS CHIEF COMMISSIONER. 4. THE JOINT DIRECTOR TOWN PLANNING (NORTH), BBMP, HUDSON CIRCLE, N.R. SQUARE, BANGALORE-560 001. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 & R2; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1) DECLARE THAT THE PROVISIONS OF SECTIONS 299A AND 299C INSERTED INTO THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 (KARNATAKA ACT NO.14 OF 1977) WITH EFFECT FROM 04.09.2015 AND ALSO SECTIONS 240A AND 240C INSERTED INTO THE BRUHAT BENGALURU MAHANAGARA PALIKE 2020 (KARNATAKA ACT NO.53 OF 2020) WITH EFFECT FROM 11.01.2021 AS UNCONSTITUTIONAL, MANIFESTLY ARBITRARY, UNREASONABLE, UNENFORCEABLE, AN UNREASONABLE RESTRICTION ON RIGHT TO PROPERTY BEING EXPROPRIATARY, AN INFRINGEMENT OF CONSTITUTIONAL RIGHT TO PROPERTY UNDER ARTICLE 300A AND FAILING THE TEST OF ARTICLE 14 OF THE CONSTITUTION AND ETC. - 3 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 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:- “1. Declare that the provisions of Sections 299A and 299C inserted into the Karnataka Municipal Corporations Act, 1976 (Karnataka Act No.14 Of 1977) with effect from 04.09.2015 and also Sections 240A and 240C inserted into the Bruhat Bengaluru Mahanagara Palike 2020 (Karnataka Act No.53 Of 2020) with effect from 11.01.2021 as unconstitutional, manifestly arbitrary, unreasonable, unenforceable, an unreasonable restriction on right to property being expropriatary, an infringement of constitutional right to property under Article 300A and failing the test of Article 14 of the Constitution. 2. Quash Demand notice dated 27.02.2025, bearing L.P. No. BBMP/Ad.Com./BMH/1415/ 24-25 at Annexure-B to the writ petition issued by the Respondent No.4., - 4 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 3. Grant such other and further relief/s as this Hon'ble Court deems fit in the facts and 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 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 - 5 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 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. 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: - 6 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 27.02.2025 issued by respondent No.4 as per Annexure-B is hereby set- aside. (iii) Respondent No.3 and 4 - BBMP are hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent Nos.3 and 4 - BBMP are 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 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 - 7 - HC-KAR NC: 2025:KHC:25884 WP No. 12782 of 2025 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.: 42