- 1 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.6229 OF 2022 (LB-BMP) C/W WRIT PETITION NO.7030 OF 2022 (LB-BMP) IN WP No.6229/2022 BETWEEN: SMT. CHIKKATHAYAMMA W/O. LATE MUNIYAPPA AGED ABOUT 81 YEARS R/AT BALGERE VILLAGE VARTUR HOBLI AND OST BENGLAURU EAST TALUK BENGALURU-560 087. REPRESENTED BY HER REGISTERED GPA HOLEDER M/S. DAKSHA HOME DEVELOPERS A PARTNERSHIP FIRM NO.67 AMBEDKAR NAGAR ROAD VIJAYANGAR BENGALURU-560 066 REPRESENTED BY ITS MANAGING PARTNER SRI VINOD KUMAR S/O. B. KONDA REDDY AGED ABOUT 41 YEARS. …PETITIONER (BY SRI NAGARAJA T., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE N.R. SQUARE BENGALURU-560 002. 3. THE OFFICE OF THE ASSISTANT DIRECTOR TOWN PLANNING-(MAHADEVAPURA) BBMP, RHB COLONY WHITEFIELD MAIN ROAD BENGALURU-560 048. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1; SRI T.M. VENKATA REDDY, ADVOCATE FOR R-2 AND R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED UNDATED COMPUTER GENERATED DEMAND NOTICE, ISSUED BY THE R3 THE OFFICE OF THE ASSISTANT DIRECTOR, (TOWN PLANNING(MAHADEVAPURA), BBMP, RHB COLONY, WHITE FIELD MAIN ROAD, BENGALURU- 560048, PRODUCED ANNEXURE-G. - 3 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 IN WP NO.7030/2022 BETWEEN: SRI CHANDRA SINGH S/O. INDIRA SINGH AGED ABOUT 51 YEARS R/AT NO.14/A, 1ST CROSS ASHWATHNAGARA, RMV 2ND STAGE BENGALURU-560 094. ...PETITIONER (BY SRI NAGARAJA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE BENGALURU-560 002. 3. THE OFFICE OF THE JOINT DIRECTOR TOWN PLANNING-(NORTH), BBMP N.R. SQUARE HEAD OFFICE BUILDING BENGALURU-560 002. ...RESPONDENTS BY SRI BOPANNA B., AGA FOR R-1; SRI T.M. VENKATA REDDY, ADVOCATE FOR R-2 AND R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 - 4 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOT DATED 15.02.2022 HAVING NO.BBMP/EODB/CH/35234/2021-22, ISSUED BY THE 3RD RESPONDENT, THE OFFICE OF THE JOINT DIRECTOR, (TOWN PLANNING (NORTH) BBMP, NR SQUARE HEAD OFFICE BUILDING, BENGALURU-560 002, PRODUCED ANNEXURE-E. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These captioned petitions are filed seeking the following reliefs: WP 6229/2022 (a) Quashing the impugned undated computer-generated demand (Ad.com) BBMP/Ad.Dir./MDP/0549/2021-22, issued by the 3rd respondent, The office of the Assistant Director, (Town Planning-(Mahadevapura), BBMP, RHB colony, White field Main Road, Bengaluru-560048, produced Annexure-G; (b) Issue such writ in the nature of Mandamus directing the respondents not to insist/demand the petitioner for the payment of fee as in Annexure-G for plan approval and license in favor of petitioner and grant such other reliefs; - 5 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 (c) declare that the BBMP has no authority to collect the taxes under the guise of collection of ground rent and other fee as detailed in Annexure-G, without sanction by the Government; (d) declare that the fee levied at Annexure-G for license and plan approval for construction of residential apartment is contrary to the judgment Dt: 4.8.2021 passed by this Hon'ble court in WP No. 4601/2020 and imposts subsequent to the said judgment is bad in law, since the petitioner is not using the public land/property for stocking of building materials for construction purposes; (e) Pass such other orders including the order as to costs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity. WP 7030/2022 (a) Quashing the impugned demand note Dt:15.02.2022, having No. BBMP/EoDB/CH/35234/2021-22, issued by the 3rd respondent, The office of the joint Director, (Town Planning-(North), BBMP, NR Square, Head Office building, bengaluru-560002, produced Annexure-E; (b) Issue such writ in the nature of Mandamus directing the respondents not to insist/demand the petitioner for the payment of fee as in Annexure-E for modification of approved plan and license in favor of petitioner and grant such other reliefs; - 6 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 (c) declare that the BBMP has no authority to collect the taxes under the guise of collection of ground rent and other fee as detailed in Annexure-E, without sanction by the Government; (d) declare that the license bearing No. BBMP/CC/3354/19- 20 is accorded in compliance of the same imposts and does not attract further as claimed under Annexure-E for modification of approved plan; (e) declare that the fee levied at Annexure-E for modification of approved plan and license for construction of residential apartment is contrary to the judgment Dt: 4.8.2021 passed by this Hon'ble court in WP No. 4601/2020 and imposts subsequent to the said judgment is bad in law, since the petitioner is not using the public land/property for stocking of building materials for construction purposes; (f) Pass such other orders including the order as to costs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity. 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 - 7 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 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 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. - 8 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 (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, 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 - 9 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 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 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 - 10 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 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 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 - 11 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 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 petitions are allowed. (ii) The impugned demand notice issued by respondent No.3 as per Annexure-G in W.P.No.6229/2022 and the impugned demand notice dated 15.02.2022 issued by respondent No.3 as per Annexure-E in W.P.No.7030/2022 are 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 sanction of the building plan, strictly in accordance with law. - 12 - HC-KAR NC: 2025:KHC:26553 WP No. 6229 of 2022 C/W WP No. 7030 of 2022 (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.: 9