- 1 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22434 OF 2024 (LB-BMP) BETWEEN: 1. SRI. VIKAS OSHO SON OF SRI. NATARAJ AGED ABOUT 37 YEARS RESIDING AT NO.741, 15TH MAIN ROAD BANASHANKARI 2ND STAGE BENGALURU - 560070. …PETITIONER (BY SRI. PRAMODA GOWDA .T.P, ADVOCATE) AND: 1. THE BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGLURU - 560002 REPRESENTED BY ITS COMMISSIONER. 2. STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASASOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001. REPRESENTED BY ITS SECRETARY. 3. THE ASSISTANT DIRECTOR TOWN PLANNING, SOUTH ZONE BRUHATH BANGALORE MAHANAGARA PALIKE 9TH CROSS, 9TH MAIN ROAD 2ND BLOCK Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 of 2024 JAYANAGAR BENGALURU - 560011. …RESPONDENTS (BY SRI. K.B. MONESH KUMAR, ADVOCATE FOR R1 AND R2; SRI. H.K. KENCHE GOWDA, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICES DATED 25.07.2024 BEARING NOS. BBMP/EODB/CH/18656/24-25 AND BBMP/EODB/CH/18657/24- 25 BOTH ISSUED BY THE R-3 DEMANDING PAYMENT TOWARDS GROUND RENT (INCLUDING GST) AND LABOUR CESS AMOUNT AND OTHER ADDITIONAL CHARGES AND LEVIES AT ANNEXURE-A AND B 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 ORAL ORDER This petition is filed seeking for the following reliefs:- "a) Issue a Writ of Certiorari or any other appropriate Writ of like nature or direction, quashing the Demand Notices dated 25.07.2024 bearing nos. BBMP/EoDB/CH/18656/24-25 and BBMP/EoDB/CH/ 18657/24-25, both issued by the Respondent No.3 demanding payment towards Ground Rent (including GST) and Labour cess amount and other additional charges and levies at Annexure- A and B. b) 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." - 3 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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 - 4 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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, - 5 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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 - 6 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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 - 7 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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 notices dated 25.07.2024 both issued by respondent No.3 as per Annexures-A and B are hereby set-aside. (iii) Respondent No.1 - BBMP is hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent No.1 - BBMP is hereby directed to forthwith process the petitioner's application seeking building license and - 8 - HC-KAR NC: 2025:KHC:22997 WP No. 22434 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 NBM List No.: 2 Sl No.: 17