- 1 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.12912 OF 2023 (LB-BMP) BETWEEN: 1. MR. B. SIDDEGOWDA AGED ABOUT 52 YEARS S/O. BALLAIAH NO.94, 11TH CROSS ULLAL MAIN ROAD JNANAGANGANAGAR BENGALURU-560 056. 2. MR. BABU AGED ABOUT 62 YEARS S/O. SHANKRAPPA KAMBAR NO.26/24, 7TH CROSS SARASWATHINAGAR MARENAHALLI, VIJAYANAGARA BENGALURU-560 040. 3. MRS. DR. AMBUJAKSHI AGED ABOUT 58 YEARS W/O. BABU KUMBAR B.S. NO.26/24, 7TH CROSS SARASWATHINAGAR MARENAHALLI, VIJAYANAGARA BENGALURU-560 040. 4. MR. HANUMANTHARAYAPPA AGED ABOUT 61 YEARS S/O. HANUMEGOWDA NO.703, SRI MARUTHI NILAYA OPPOSITE A I T COLLEGE MALLATHALLI LAYOUT Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 KENGUNTE, BALAGANGADHAR NAGAR BENGALURU-560 056. …PETITIONERS (BY SRI PRATAP REDDY S. AND SRI RAJATH H.V., ADVOCATES) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS SECRETARY VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE DEPARTMENT OF LABOUR REPRESENTED BY ITS SECRETARY VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. 3. BENGALURU BRUHAT MAHANAGARA PALIKE RAJARAJESHWARINAGAR BENGALURU-560 098. 4. CHIEF COMMISSIONER BBMP RAJARAJESHWARINAGAR BENGALURU-560 098. 5. ASSISTANT DIRECTOR TOWN PLANNING DEPARTMENT BRUHAT BENGALURU MAHANAGARA PALIKE RAJARAJESHWARINAGAR BENGALURU-560 098. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1 AND R-2; SRI PAWAN KUMAR, ADVOCATE FOR R-3 TO R-5) * * * - 3 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DECLARATION OR ANY OTHER WRIT, ORDER, DIRECTION OF SIMILAR NATURE DECLARING SECTIONS 240A AND 240C INSERTED BY WAY OF AMENDMENT TO THE BBMP ACT VIDE KARNATAKA ORDINANCE NO.8 OF 2021 UNCONSTITUTIONAL 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 ORAL ORDER Caption petition is filed seeking the following reliefs :- "a. Issue a writ in the nature of a declaration or any other writ. order, direction of similar nature declaring Sections 240A and 240C inserted by way of amendment to the BBMP Act vide Karnataka Ordinance No. 8 of 2021 unconstitutional; b. Issue a writ in the nature of certiorari or any other writ, order, direction of similar nature quashing the Officer Order dated 9.12.2021 ºÉ¤£ÀAiÉÆÃ/¦Dgï/461/2021-22 issued by Respondent No.4 produced at Annexure- G unconstitutional. - 4 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 c. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that Section 18-A of Karnataka Town and Country Planning Act, 1961 Annexure-J as unconstitutional; d. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that amendment to Rule 37-A and 37-C of Karnataka Planning Authority Rules is ultra vires and unconstitutional; Annexure-H bearing No.UDD 3TTP 2015 dated 25-2-2020. e. Issue a writ in the nature of declaration or any other similar writ, order or direction declaring that Circular dated 14.8.2020 issued by Respondent No.4 bearing number He.Ne.Ka.Pa.Ko./320/2020-21 at Annexure-K is illegal and unconstitutional; f. Issue a writ in the nature of certiorari or any other similar order, writ, or direction quashing Demand Note vide BBMP/EoDB/CH/40504/22-23 and Demand Note vide BBMP/EoDB/CH/40505/22-23 issued by Respondent No.5 produced at Annexure D and E insofar it is concerned to ground rent, GST on ground rent, Betterment charges for building, betterment charges for site, excess security deposit, received license fee, revised scrutiny fee, cess for water supply scheme, surcharges for formation outer ring road, cess for improvement of slum, surcharges for - 5 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 mass rapid transport system, labour cess and etc., as illegal, without jurisdiction and arbitrary. g. Issues a writ or order or direction by way of mandamus directing the respondent No.4 and 5 BBMP to issue the sanction plan for construction of the building in the schedule property without insisting the ground rent GST on ground rent, betterment charges for building, betterment charges for site, excess security deposit, revised license fee, revised scrutiny fee, cess for water supply scheme, surcharges for formation outer ring road, cess for improvement of slum surcharge for mass rapid transport system, labour cess and etc., and h. Pass any such other orders as this Hon'ble court deems fit in the fact and circumstance 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. - 6 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 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. 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 - 7 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 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. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notices dated 13.12.2022 issued by respondent No.5 as per Annexures-D & E 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 sanction of the building plan, strictly in accordance with law. - 8 - HC-KAR NC: 2025:KHC:24121 WP No. 12912 of 2023 (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 NG List No.: 2 Sl No.: 24