- 1 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 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.6704 OF 2021 (LB-BMP) BETWEEN: ST. JOSEPH COLLEGE HOSTEL, NO.36, LONGFORD ROAD, RICHMOND TOWN, WARD-111, BENGALURU-560 027 REP. BY ITS SECRETARY AND TREASURER, THE BANGALORE JESUIT EDUCATIONAL SOCIETY FR.ARUN PRASHANTH DSOUZA S/O VALERIAN DSOUZA, AGED ABOUT 38 YEARS. &PETITIONER (BY SRI. PATIL DAYANAND SUBRAYA GOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU-560 001. 2. THE STATE OF KARNATAKA DEPARTMENT OF LABOUR BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU-560 001. 3. THE STATE OF KARNATAKA Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, BY ITS SECRETARY VIKASA SOUDHA, BENGALURU-560 001. 4. THE BRUHAT BANGALORE MAHANAGAR PALIKE BY ITS COMMISSIONER, N.R.CIRCLE, BANGALORE-560002. 5. THE JOINT DIRECTOR (TOWN PLANNING-NORTH) BBMP, N.R.CIRCLE, BANGALORE-560 002. &RESPONDENTS (BY SMT. V. SPOORTI, HCGP FOR R-1 TO R-3 SRI. B.L.SANJEEV., ADVOCATE FOR R-4 TO R-5.,) THIS W.P. 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 ANNXURE-G1 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:23051 WP No. 6704 of 2021 ORAL ORDER Petitioner, in the captioned petition has sought for following reliefs : "i) Issue a Writ or order or direction in the nature of Certiorari quashing Section 18-A of the Karnataka Town & Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 (Karnataka Town & Country Planning (Amendment) Act, 1998) as contained in ANNEXURE-G1 insofar as Section 18-A (1) (i) and (iv) of the Karnataka Act No. 23 of 2004 is concerned; ii) Issue a Writ or an order or direction in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TTP 2015 dated 25/02/2020 as contained in ANNEXURE-G insofar as the insertion of Rule 37-A and 37-C is concerned; iii) Issue a writ or order by way of certiorari quashing the circular dated 04/09/2015, bearing No. Heninayo/JD(N)/DM3/PR/320/2015-16 issued by the Respondent No.4 (Annexure-E) in so far as the Petitioner is concerned. iv) Issue a writ or order by way of certiorari quashing the circular dated 14/08/2020, bearing No. He. Ni.Ka.Pa.Ko/P.R/320/2020-21 issued by the - 4 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 Respondent No.4 (Annexure-H) in so far as the Petitioner is concerned. v) Issue a writ or order by way of certiorari 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 Respondent No.2 mandating upfront collection of labour welfare cess (Annexure-F) in so far as the Petitioner is concerned. vi) Issue a writ or order by way of certiorari quashing the demand notice dated 19/03/2021 bearing No.BBMP/Addl.Dir/JDNORTH/LP/0014/219-20 and No.Ad.Com/EST/0469/2016-17, issued by the Respondent No.5 (Annexure-D) for demanding in so far it is related to Ground rent, GST on Ground rent, Betterment charges for building, Betterment charges for site, excess Security deposit, revised License fee, revised scrutiny 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 etc., as illegal, without jurisdiction and arbitrary. vii) Issue a writ or order or direction by way of mandamus directing the Respondent No.4 and 5 BBMP to issue modified sanctioned plan for construction of a basement and additional two floors on the existing building in the Schedule - 5 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 Property without insisting for the payment of Ground rent, GST on Ground rent, Betterment charges for building, Betterment charges for site, excess Security deposit, revised License fee, revised scrutiny 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. viii) Pass any such other Writ order(s) as this Hon'ble Court deems fit in the facts and circumstances of the case including an order for costs 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 - 6 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 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 the relevant bye-laws and government circulars have been set aside. - 7 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 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 19.03.2021 issued by respondent No.5 as per Annexure-D 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. (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 - 8 - HC-KAR NC: 2025:KHC:23051 WP No. 6704 of 2021 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.: 53