- 1 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 604 OF 2021 (LB-BMP) BETWEEN: 1. SRI. H.VENKOBA RAO AGED ABOUT 52 YEARS, S/O. LATE V.HANUMANTHA RAO, 2. SMT. S.KAVITHA AGED ABOUT 45 YEARS, W/O H.VENKOBA RAO BOTH ARE R/AT NO.3965, 3RD MAIN ROAD, BSK 2ND STAGE, BANGALORE - 560070. &PETITIONERS (BY SRI. MAKAM NAGARAJA GUPTA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560001. REP. BY ITS SECRETARY. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT, VIKAS SOUDHA, DR.B.R.AMBEDKAR VEEDHI BENGALURU - 560001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 REP. BY ITS SECRETARY 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKAS SOUDHA, DR. B.R.AMBEDKAR VEEDHI BENGALURU - 560001. REP. BY ITS SECRETARY. 4. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE - 560002 REP. BY ITS COMMISSIONER. 5. THE ASSISTANT DIRECTOR TOWN PLANNING (BOMMANAHALLI) THE BRUHAT BENGALURU MAHANAGARA PALIKE, BEGUR MAIN ROAD, BOMMANAHALLI, BENGALURU - 560068. &RESPONDENTS (BY SMT. V. SPOORTI, HCGP FOR R-1 TO R-3 SRI. B.S.KARTHIKEYAN ADVOCATE FOR R-4 AND R-5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO.23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998) AS CONTAINED IN ANNEXURE-J IN SO FAR AS SECTION 18-A(i) AND (iv) OF THE KARNATAKA ACT NO.23 OF 2004 IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 ORAL ORDER Petitioners, in the captioned petition has sought for following reliefs : (i) Issue a Writ of Certiorari, similar Writ, Order or Direction quashing Section 18-A of the Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 (Karnataka Town and Country Planning (Amendment) Act, 1998) as contained in ANNEXURE-J in so far as Section 18-A(i) and (iv) of the Karnataka Act No.23 of 2004 is concerned. (ii) Issue a Writ of Certiorari, similar Writ, Order or Direction 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 inserted Rules 37-A and 37-C is concerned. (iii) Issue a Writ of Certiorari, similar Writ, Order or Direction quashing the circular dated 04-09- 2015, bearing No. Heninayo/JD(N)/DM3/PR/ 320/2015-16 issued by the 4th Respondent as contained in ANNEXURE-F in so far the Petitioners are concerned. - 4 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 (iv) Issue a Writ of Certiorari, similar Writ, Order or Direction quashing the Circular dated 14-08-2020, bearing No. He.Ni.Ka. Pa.Ko/PR/320/2020-21 issued by the 4th Respondent as contained in ANNEXURE-K in so far the Petitioners are concerned. (v) Issue a Writ of Certiorari, similar Writ, Order or Direction quashing the Government Order bearing No.LD/300/LET/2006 dated 18-01-2007 and the Corrigendum Order bearing No.LD/300/LET/2006 dated 28-02-2007 issued by the 2nd Respondent mandating upfront collection of Labour Welfare Cess as contained in ANNEXURE-G in so far the Petitioners are concerned. (vi) Issue a Writ of Certiorari, similar Writ, Order or Direction quashing the Demand Notice dated 24-12-2020 bearing No.BBMP/Ad.Com/BMH/0278/20-21, issued by the 5th Respondent as contained in ANNEXURE-E in so far it is concerned to Ground Rent, GST on Ground Rent, Betterment Charges for Building, Betterment Charges for Site, Excess Security Deposit, Revised License Fee, Revised Scrutiny Fee, Labour Cess and - 5 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 etc., as illegal without jurisdiction and Arbitrary. (vii) Issue a Writ of Mandamus, similar Writ, Order or Direction and direct the Respondent Nos.4 and 5 to process the application for Sanction of Building Plan for construction of Commercial/Hostel Building in the Schedule Property without insisting the Ground Rent, GST on Ground Rent, Betterment Charges for Building, Betterment Charges for the Site, Excess Security Deposit, Revised License Fee, Revised Scrutiny Fee, Laour Cess and etc.,. and (viii) Pass such other Order/s as this Hon'ble Court deems fit to grant 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. - 6 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 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. 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 - 7 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 the relevant bye-laws and government circulars have been set aside. 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 dated 24.12.2020 issued by respondent No.5 as per Annexure-E 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 petitioner9s application seeking building license and sanction of the building plan, strictly in accordance with law. - 8 - HC-KAR NC: 2025:KHC:23037 WP No. 604 of 2021 (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 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 SMJ List No.: 2 Sl No.: 39