- 1 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.22193 OF 2024 (LB-BMP) BETWEEN: 1. SRI VUPPALAPATE BHASKAR NAIDU S/O. RANGASWAMY NAIDU V. AGED ABOUT 61 YEARS R/AT NO.481, 12TH CROSS, 15TH MAIN PADMANABHANAGAR, BANASHANKARI II STAGE BENGALURU - 560 070. 2. SMT. PADMA KRISHNAPPA W/O. SRI BHASKAR NAIDU AGED ABOUT 52 YEARS R/AT NO.481, 12TH CROSS, 15TH MAIN PADMANABHANAGAR, BANASHANKARI II STAGE BENGALURU - 560 070. 3. SRI ASHWIN JOBY GEORGE S/O. SRI JOBY GEORGE AGED ABOUT 21 YEARS R/AT NO.45/1, 5TH CROSS ANNAYAPPA BLOCK, BENSON TOWN BENGALURU NORTH BENGALURU - 560 046. 4. SRI CHITRALA MANIKANTA S/O. SRI CHITRALA VIJAY KUMAR AGED 45 YEARS R/AT NO.26-350C, NETAJI STREET ONE TOWN, KURNOOL ANDHRA PRADESH - 518 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 5. SRI EPURI NAGA SRIKANTH S/O. SRI EPURU ESWARAIAH AGED ABOUT 35 YEARS R/AT NO.15-9C-10, SAIBABAPETA NANDI KOTKUR, KURNOOL ANDHRA PRADESH - 518 401 REPRESENTED BY HIS GPA HOLDER SRI E. ESWARAIAH S/O SRI E. PULLAIAH R/AT NO.15-9C-10, SAIBABAPETA NANDI KOTKUR, KURNOOL ANDHRA PRADESH - 518 401. 6. SRI SADANA MADHU SUDHANA RAO S/O. LATE S. KESAVULU NAIDU AGED ABOUT 54 YEARS R/AT NO. 18-4-111/15A RAILWAY COLONY EXTENSION SARASWATHI SISU MANDIR SCHOOL TIRUPATHI URBAN, CHITTOOR ANDHRA PRADESH - 517 501. 7. SRI SALADI SOMARAJU S/O. SRI S. NOOKARAJU AGED ABOUT 39 YEARS R/AT NO.25-632, SRINIVASA NAGAR NANDYAL, KURNOOL ANDHRA PRADESH - 518 501 REPRESENTED BY HIS GPA HOLDER SRI. SALADI MANOHARA VENAKATA RANGA RAMA RAO S/O. SRI S. NOOKARAJU R/AT NO.25-632, SRINIVASA NAGAR NANDYAL, KURNOOL ANDHRA PRADESH - 518 501. 8. SRI BURLAGADDA NAGA VENKATA MURALI MOHAN S/O. SRI BURLAGADDA RANGARAO AGED ABOUT 55 YEARS R/AT HOUSE NO.2-2-11-2 - 3 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 KURNOOL MANDAL, STANTAN PURAM BALAJI NAGAR, KURNOOL ANDHRA PRADESH - 518 006. 9. SRI N. RAVI KUMAR S/O SRI. N. V. TRAIYAMBAKA RAO AGED ABOUT 47 YEARS R/AT NO.3-138, PLOT NO.G2 SAIVIJAYALAKSHMI PARADISE APARTMENT BALAJI NAGAR, KURNOOL ANDHRA PRADESH - 518 006. 10. SRI N. VIJAY KUMAR S/O SRI PRAMOD CHANDRA NUNNA AGED ABOUT 40 YEARS R/AT NO.4-11-1, BALAJI NAGAR NEAR LAKSHMI NARASIMHA TEMPLE, KURNOOL ANDHRA PRADESH - 518 005. 11. SRI K. NAVEEN KUMAR S/O. SRI KONIKI PURUSHOTHAM NAIDU AGED ABOUT 35 YEARS R/AT NO.3-115, PUDIPATALA CHITTOOR, ANDHRA PRADESH - 517 505 REPRESENTED BY HIS GPA HOLDER SRI B. VAMSIDHAR S/O. SRI BOLLINI DHANAMJAYULU AGED ABOUT 37 YEARS R/AT NO. G-5, PHASE-1, B-BLOCK, SAROJ SYMPHONY APARTMENTS, IMMADIHALLI MAIN ROAD WHITEFIELD, NAGONDANAHALLI BENGALURU - 560 066. 12. SRI RATHINA SANDEEP NAIDU S/O. LATE RATHINA CHENCHALAH AGED ABOUT 38 YEARS R/AT NO.4/92, K. KANDULAVARIPALLI VILLAGE KAMPASAMUDRAM, CUDDAPAH ANDHRA PRADESH - 516 104 REPRESENTED BY HIS GPA HOLDER - 4 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 SRI B. VAMSIDHAR S/O. SRI BOLLINI DHANAMJAYULU R/AT NO.G-5, PHASE-1, B-BLOCK, SAROJ SYMPHONY APARTMENTS, IMMADIHALLI MAIN ROAD WHITEFIELD, NAGONDANAHALLI BENGALURU - 560 066. 13. SRI S. K. GIRI S/O. LATE S. KESAVULU NAIDU AGED ABOUT 52 YEARS R/AT NO.18-4-280/1, BHAVANI NAGAR, TIRUPATHI ANDHRA PRADESH - 517501. 14. SRI. GUNDAM SURENDRE REDDY S/O SRI. GUNDAM RAMANA REDDY AGED ABOUT 45 YEARS R/AT NO.50-760A/3, GAYATRI ESTATE, KURNOOL ANDHRA PRADESH - 518 002. 15. SRI HARDAGERI SIVA S/O SRI H. GOPAL REDDY AGED ABOUT 43 YEARS R/AT NO.41/203 B3, KOTHA PETA PO N R PETA, KURNOOL ANDHRA PRADESH - 518 004. 16. SRI S. DHANANJAYULU S/O. LATE S. KESAVULA NAIDU AGED ABOUT 55 YEARS R/AT NO.5-75A, B. K. BEDU NAGALAPURAM, CHITTOOR ANDHRA PRADESH - 517 589. 17. SRI RAGHUL BABU M. D. S/O. SRI DEENADAYAALAN M. AGED ABOUT 25 YEARS R/AT FLAT NO.204, VR GRAND RUBY LAYOUT, DANDUPALYA, HOSAKOTE BENGALURU RURAL KARNATAKA - 562 114. - 5 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 18. SRI A. ASHOK KUMAR S/O. SRI A. BALASUBRAMANYA REDDY AGED ABOUT 52 YEARS R/AT AARUDHRA APARTMENTS, F2, 108, 7TH BLOCH 4TH STREET, ANNA NAGAR, CHENNAI TAMILNADU - 600 040. 19. SRI KASAMSHETTY KARTHIK KUMAR S/O. KASAMSHETTY SRENIVASULU AGED ABOUT 34 YEARS R/AT H NO.51-15A-5G2 BABA BRUNDAVAN NAGAR, KURNOOL ANDHRA PRADESH - 518 003 REPRESENTED BY HIS GPA HOLDER SRI SRINIVASULU KASAMSETTY S/O. SRI SUBBAIAH KASAMSETTY AGED ABOUT 61 YEARS R/AT H NO.51-15A-5G2 BABA BRUNDAVAN NAGAR, KURNOOL ANDHRA PRADESH - 518 003. 20. SRI NAVEEN KUMAR S/O. SRI SATHISKUMAR AGED ABOUT 28 YEARS R/AT 55/24, THANDAVARAYA GRAMANI STREET TONDIRAPET, CHENNAI TAMILNADU - 600 081. 21. SRI SANJAY S. S/O. SRI K. SATHISH KUMAR AGED ABOUT 23 YEARS R/AT 55/24, THANDAVARAYA GRAMANI STREET TONDIRAPET, CHENNAI, TAMILNADU - 600 081 REPRESENTED BY HIS GPA HOLDER SRI K. SATHISH KUMAR S/O. SRI KRISHNASAMY AGED ABOUT 52 YEARS R/AT 55/24, THANDAVARAYA GRAMANI STREET TONDIRAPET, CHENNAI TAMILNADU - 600 081. - 6 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 22. SMT. K. SRIDEVI W/O. SRI K. J. SIVA KUMAR AGED ABOUT 45 YEARS, R/AT P.NO-17, 1ST FLOOR, IERISAT COLONY, PHASE-1, AKBAR ROAD, CENTER POINT TIRUMALAGIRI MANOVIKASNAGAR, HYDERABAD TELANAGANA - 500 009. …PETITIONERS (BY SRI PRASHANTH H. S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE BRUHAT BANGALORE MAHANAGARA PALIK N. R. SQUARE, BENGALURU - 560 002 REPRESENTED BY ITS COMMISSIONER 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (MAHADEVAPURA ZONE) RHB COLONY, WHITEFIELD MAIN ROAD BENGALURU - 560 048. …RESPONDENTS (BY SRI H. K. KENCHE GOWDA, A.G.A, FOR R-1; SRI K. B. MONESH KUMAR, ADVOCATE FOR R-2 AND R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PROVISIONS OF SECTION 18-A OF KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO.23 OF 2004 BY THE R-1 AT ANNX-L IN SO FAR AS 18-A(I) AND (IV) OF KARNATAKA ACT NO. 23 OF 2004 IS CONCERNED AND ETC. - 7 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 THIS WRIT PETITION IS 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 The captioned petition is filed seeking the following reliefs: WHEREFORE, The petitioners respectfully pray that this Hon'ble Court may be pleased to: i) Issue a writ of certiorari to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-L in so far as 18-A(i) and (iv) of Karnataka Act No. 23 of 2004 is concerned. ii) Issue a Writ of Certiorari to quash the Notification issued by the 1st Respondent bearing no. UDD 3 TTP 2015, dated 25.02.2020 as contained in Annexure-M in so far as the amended rule 37-A and rule 37-C are concerned. iii) Issue a writ of Certiorari to quash the circular no. HeNiKaPaKo/PR/320/2020-21 dated 14.08.2020 issued by 2nd Respondent vide Annexure-K. iv) Issue a Writ of Certiorari to quash demand notice issued by the Respondent No.3, dated 06.08.2024 bearing LP.NO. BBMP/Ad.Com/MDP/0458/2024-25 making a final demand for Rs.24,13,503/- (Rupees Twenty Four Lakhs Thirteen Thousand Five Hundred And Three Only) and Rs.4,03,698/- (Rupees Four Lakhs Three Thousand Six Ninety Eight Only) vide Annexure-J. v) Issue any other appropriate writ or order or direction as deemed fit in the circumstances of the case, in the interest of justice and equity. - 8 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 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. (iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and - 9 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 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. (viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003, - 10 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 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). 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 - 11 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 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. 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 - 12 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 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 06.08.2024 issued by respondent No.2 as per Annexure-J is hereby set-aside. (iii) Respondent- BBMP hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent- BBMP is hereby directed to forthwith process the petitioner's application seeking building license and - 13 - HC-KAR NC: 2025:KHC:22727 WP No. 22193 of 2024 sanction of the building plan, strictly in accordance with law. (v) It is made clear that the issuance of the building license and approval 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 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 HDK List No.: 2 Sl No.: 12