- 1 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16407 OF 2021 (LB-BMP) BETWEEN: M/S. CONVENTION HOTELS INDIA (P) LTD. A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, TOWER BLOCK, “GOLDEN ENCLAVE”, AIRPORT ROAD, BENGALURU-560 017, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. NAGENDRA K. …PETITIONER (BY SRI. SRINIVASA G.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR, VIKASA SOUDHA, BANGALORE, REPRESENTED BY ITS SECRETARY. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 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 SRI. BOPANNA B., AGA FOR R1 & 2; SRI. ADITYA NARAYAN, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO- (I) QUASH DEMAND NOTICE DATED 29/07/2021 IN NO. NO.BBMP/ADDL.DIR/JDNORTH/LP0039/2020-21, JDTP/LP/29- 2007-08 AT ANNEXURE-J ISSUED BY THE RESPONDENT NO.4 TOWARDS DEMANDING A SUM OF RS.1,04,02,000/- AS ADDITIONAL AMOUNT FOR GROUND RENT, AND INSPECTION CHARGES 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 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 demand notice dated 29/07/2021 in No. - 3 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 No.BBMP/Addl.Dir/JDNORTH/LP0039/2020-21, JDTP/LP/29-2007-08 at ANNEXURE-J issued by the Respondent No.4 towards demanding a sum of Rs. 1,04,02,000/- as additional amount for Ground Rent, and inspection charges; ii) Issue a Writ of Mandamus or any other appropriate Writ or order or direction declaring that Bye-Law No.3.9 in the Bangalore Mahanagara Palike building Bye- Laws, 2003 framed under the Karnataka Municipal Corporations Act as unconditional, Arbitrary, illegal and ultravires. iv) issue Writ of mandamus or similar Writ or order or direction directing the respondent Nos.3 and 4 to issue Occupancy Certificate at ANNEXURE-J issued by the respondent No.4 without insisting for payment of demands stated above. v) Issue any other appropriate Writ or order or direction deemed fit in the circumstances of the case, in the interests of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 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 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 - 5 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 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: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 29.07.2021 issued by respondent No.4 as per Annexure-J is hereby set-aside. - 6 - HC-KAR NC: 2025:KHC:27075 WP No. 16407 of 2021 (iii) Respondent Nos.3 and 4 - BBMP are hereby directed to issue Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent Nos.3 and 4 - BBMP are 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.: 1