- 1 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 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.24515 OF 2024 (LB-BMP) BETWEEN: M/S. SSS REALTY AND CO. A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 NO.139/2, HOSUR ROAD KORAMANGALA BENGALURU-560 095 REPRESENTED BY ITS PARTNERS (I) M/S. STUMPP SCHUELE AND SOMAPPA PVT. LTD. BY ITS VICE PRESIDENT AND AUTHORISED SIGNATURE GANESH KAMATH (II) M/S. STUMPP SCHUELE AND SOMAPPA SPRINGS PVT. LTD. BY ITS VICE PRESIDENT AND AUTHORISED SIGNATORY SRI S. KISHORE KUMAR …PETITIONER (BY SRI VIVEKANANDA T.P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 BENGALURU-560 001. 3. THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560 002. REPRESENTED BY ITS CHIEF COMMISSIONER. 4. THE JOINT DIRECTOR TOWN PLANNING-SOUTH BBMP, N.R. SQUARE HEAD OFFICE BUILDING ANNE-3, BUILDING BENGALURU-560 064. …RESPONDENTS (BY SRI H.K. KENCHE GOWDA, AGA FOR R-1 AND R-2; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-3 AND R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO.1 OF 2022 DATED 13-1-2022 ENACTED BY THE SECOND RESPONDENT PUBLISHED THROUGH NOTIFICATION BEARING NO.DPAL 50 SHASANA 2021 GAZETTED ON 13-1-2022 AT ANNEXURE-K DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL, PERTAINING TO PETITIONER ONLY AND ETC. THIS WRIT 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 - 3 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 ORAL ORDER The captioned petition is filed seeking the following reliefs: WHEREFORE, the petitioner respectfully pray that this Hon'ble Court may be pleased to: i) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and certain other Law (Amendment) Act, 2021 act no.1/2022 dated 13.01.2022 enacted by the second Respondent published through notification bearing NO.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-K declaring it to be ultravires and unconstitutional. It pertaining to Petitioner only. ii) issue a writ of certiorari or similar order or direction to quash the Office Order bearing NO.ADTP/PR/461/2021-22 dated 09.03.2022 issued by the third respondent at ANNEXURE-L; iii) issue a writ certiorari to quash the demand note challan No.BBMP/EODB/CH/18538/ 24-25, PROJECT NO. PRJ/0288/22-23, LP NO.BBMP/AddL.Dir/JDSOUTH/0010/24-25 dated 08.08.2024 at Annexure -G issued by the Respondent No.4 in so far as demand towards scrutiny fee of Rs.35,54,879/-, license fee of Rs.81,54,774/-, Betterment fee for building of Rs.12,13,508/- security deposit of Rs.12,13,508/-, Ground Rent(including CGST and SGST) of Rs.75,60,64/-, Cess towards BWSSB in a sum of Rs.1,21,351/-, Cess towards Ring Road in a sum of Rs.1,21,351/-, Cess towards improving the slums in a sum of Rs.60,676/-, cess towards MRTS in a sum of Rs.6,06,754/-, are concerned; iv) issue a writ of Certiorari or similar writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/P.R/320/2020-21 dated 14.08.2020 at Annexure-M issued by the 3rd Respondent; v) issue a writ of certiorari or similar writ of order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect - 4 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-N in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. Insofar as petitioner concerned. vi) grant an order, direction or writ 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-P in so far as the amended Rule 37-A and Rule 37-C are concerned it's pertaining to Petitioner only. vii) issue any other appropriate writ or order or direction to the respondents deemed fit 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. 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. - 5 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 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. 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. - 6 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 08.08.2024 issued by respondent No.4 as per Annexure-G 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 petitioner’s 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 that the BBMP is contemplating to file an appeal against the reported judgment. - 7 - HC-KAR NC: 2025:KHC:22803 WP No. 24515 of 2024 (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 HDK List No.: 2 Sl No.: 17