- 1 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 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.25630 OF 2024 (LB-BMP) BETWEEN: 1. SMT. JAYAMMA K. AGED ABOUT 82 YEARS, W/O. LATE KRISHNAMRAJU, RESIDING AT NO.95, 20TH CROSS ROAD, 7TH MAIN ROAD, N.S. PALYA, BTM 2ND STAGE, BENGALURU-560 078. 2. SMT. K. TRIVENI, AGED ABOUT 51 YEARS, D/O. LATE SRI KRISHNAMARAJU, W/O. SRI CHENGAMARAJU, NO.1795, 18TH A MAIN ROAD, 2ND STAGE, J. P. NAGAR, BENGALURU-560 078. 3. SRI K. VASUDEVARAJU, AGED ABOUT 48 YEARS, SON OF LATE SRI KRISHNAMARAJU, RESIDING AT NO.440, SAMPANGIRAMANAGAR, BANNERGHATTA CIRCLE, LAKSHMIPURA, ANEKAL, BENGALURU-560 095. 4. MISS K. ARUNA, AGED ABOUT 45 YEARS, D/O. LATE SRI KRISHNAMARAJU, RESIDING AT NO.440, SAMPANGIRAMANAGAR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 BANNERGHATTA CIRCLE, LAKSHMIPURA, ANEKAL, BENGALURU-560 095. 5. SMT. KAMALAMMA, AGED 71 YEARS, D/O. LATE SRI K. VARADARAJU, W/O. SRI S. SRIDHAR RAJU, NO.1425, 18TH MAIN ROAD, J.P. NAGAR, 2ND PHASE, BENGALURU-560 078. 6. SMT. SUJATHA, AGED ABOUT 48 YEARS, W/O. SRI K.B. GOUTAM RAJU, D/O. SRI S. SRIDHARA RAJU & SMT. KAMALAMMA, NO.492, 10TH CROSS ROAD, SADASHIVANAGAR, BENGALURU-560 080. 7. SRI S. MAHESH, AGED ABOUT 44 YEARS, S/O. SRI S. SRIDHARA RAJU & SMT. KAMALAMMA, RESIDING AT NO.1425, 18TH MAIN ROAD, J.P. NAGAR 2ND PHASE, BENGALURU-560 078. 8. SMT. S. SUNITHA AGED ABOUT 43 YEARS, WIFE OF SRI GOVINDARAJU, D/O. SRI S. SRIDHARA RAJU & SMT. KAMALAMMA, RESIDING AT NO.604, BUILDING NO.5, SHANTHI APARTMENTS, 9TH BLOCK, JAYANAGAR, BENGALURU-560 069. - 3 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 9. SMT. TULASI JAYARAMARAJU AGED ABOUT 63 YEARS, WIFE OF LATE SRI V. JAYARAMARAJU, NO.95, 20TH CROSS ROAD, 7TH MAIN ROAD, N.S. PALYA, BTM 2ND STAGE, BENGALURU-560 069. 10. SMT. REKHA K.J. AGED ABOUT 45 YEARS, WIFE OF SRI PADMANABHARAJU, NO.212, 9TH MAIN ROAD, 1ST STAGE, ARAKERE MICO LAYOUT, BENGALURU-560 076. 11. SRI HEMANTH KUMAR K. J. AGED ABOUT 43 YEARS, S/O. LATE SRI V. JAYARAMARAJU, RESIDING AT NO. 95, 20TH CROSS ROAD, 7TH MAIN ROAD, N.S. PALYA, BTM 2ND STAGE, BENGALURU-560 095. 12. SMT. SHOBHA K.J. AGED ABOUT 41 YEARS, D/O. LATE SRI V. JAYARAMARAJU, WIFE OF SRI YALAVARTHY PRASADU, NO.37/2, 4TH CROSS ROAD, AGA ABBAS ALI ROAD, OFF ULSOOR ROAD, BENGALURU-560 043. 13. SMT. INDIRAMMA AGED ABOUT 68 YEARS, D/O. LATE SRI K. VARADARAJU, W/O. SRI M. NARAYANARAJU, NO.27, 2ND CROSS ROAD, 2ND MAIN ROAD, SRIGURU RAGHAVENDRA NAGARA, OPP. RBI LAYOUT, - 4 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 J. P. NAGAR 7TH PHASE, BENGALURU. 14. SRI N. ANAND AGED ABOUT 47 YEARS, S/O. SRI M. NARAYANARAJU & SMT. INDIRAMMA, NO.27, GURURAGHAVENDRA NAGAR, KOTHANUR, BENGALURU SOUTH, BENGALURU-560 078. 15. SRI N. SANTHOSH AGED ABOUT 45 YEARS, S/O. SRI M. NARAYANARAJU & SMT. INDIRAMMA, RESIDING AT NO.320, GURURAGHAVENDRA NAGAR, KOTHANUR, BENGALURU SOUTH, BENGALURU-560 078. 16. SRI N. NITHYANANDA AGED ABOUT 44 YEARS, S/O. SRI M. NARAYANARAJU & SMT. INDIRAMMA, RESIDING AT NO.320, GURURAGHAVENDRA NAGAR, KOTHANUR, BENGALURU SOUTH, BENGALURU-560 078. 17. SRI N. VIJAYA KUMAR AGED ABOUT 39 YEARS, SON OF SRI M. NARAYANARAJU & SMT. INDIRAMMA, RESIDING AT NO.27, 2ND MAIN ROAD, 2ND CROSS ROAD, SRI GURURAGHAVENDRA NAGAR, OPP. TO RBI LAYOUT, J.P. NAGAR, 7TH PHASE, BENGALURU-560 078. - 5 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 18. SRI V. RAMACHANDRA RAJU AGED ABOUT 64 YEARS, SON OF LATE SRI K. VARADARAJU, NO.588, 21ST MAIN ROAD, 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560 041. 19. SMT. RAMYA K.R. AGED ABOUT 35 YEARS, WIFE OF SRI K.V. SRINADHA VARMA, D/O. SRI V. RAMACHANDRA RAJU, SAPTHAGIRI NILAYA, NO.7, 17TH CROSS ROAD, 21ST MAIN ROAD, J.P. NAGAR, 5TH PHASE, BENGALURU-560 078. 20. SRI GOUTHAM K.R. AGED ABOUT 33 YEARS, SON OF SRI V. RAMACHANDRA RAJU, NO.588, 21ST MAIN ROAD, 4TH "T" BLOCK, JAYANAGAR, BENGALURU-560 041. 21. SMT. RUKMINI SEETHARAMAN V. AGED ABOUT 62 YEARS, D/O. LATE SRI K. VARADARAJU, W/O. SRI R. SEETHARAMAN, NO.1212, 2ND "A" CROSS ROAD, 18TH MAIN ROAD, J. P. NAGAR 2ND PHASE, BENGALURU SOUTH, BENGALURU-560 078. 22. SRI DEEPAK S. AGED ABOUT 40 YEARS, S/O. SRI R. SEETHARAMAN & SMT. RUKMINI SEETHARAMAN V., NO.1212, 2ND "A" CROSS ROAD, 2ND PHASE, J. P. NAGAR, BENGALURU-560 078. - 6 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 23. VIVEK S., AGED ABOUT 37 YEARS, S/O. SRI R. SEETHARAMAN & SMT. RUKMINI SEETHARAMAN.V, OPP. PATTERNS INDIA LTD., SARAKKI VILLAGE, J.P. NAGAR, 1ST PHASE, BENGALURU-560 078. REPRESENTED BY THEIR GPA HOLDER M/S. RAJARAJESHWARE BUILDDCON PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.67/1, ‘SRI RANGA’, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BENGALURU-560 004. BY ITS DIRECTOR SRI RANJITH J. SHA …PETITIONERS (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 & LEGISLATION, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. - 7 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 3. THE BRUHAT BANGALORE 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 SMT. SPOORTHY V., H.C.G.P. 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 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-J DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL IN SO FAR AS PETITIONER ONLY. 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 - 8 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 ORAL ORDER The captioned petition is filed seeking the following reliefs: 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-J declaring it to be ultravires and unconstitutional. In so far as petitioner only; ii) issue writ of certiorari or similar writ or 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 -K; iii) issue a writ of certiorari to quash the demand note challan No.BBMP/EoDB/CH/17585/24-25, Project No.PRJ/1430/22-23, LP No.BBMP/Addl.Dir/JDSOUTH/0041/22-23 dated 13.08.2024 at Annexure –F issued by the Respondent No.4 in so far as demand towards license fee of Rs.93,46,63/-, Betterment fee for building of Rs.3,15,182/- security deposit of Rs.15,75,907/-, Ground Rent(including CGST & SGST) of Rs.1,37,86,286/-, Cess towards BWSSB in a sum of Rs.31,519/-, Cess towards Ring Road in a sum of Rs.31,519/-, Cess towards Improving the slums in a sum of Rs.15,760/-, cess towards MRTS in a sum of - 9 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 Rs.1,57,591/-, and labour cess of Rs.80,13,604/- are concerned; iv) issue 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-L issued by the 3rd Respondent; v) Issue a writ of certiorari or similar writ or order or direction 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-M in so far as 18- A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. In so far as petitioner only; 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-N in so far as the amended Rule 37-A and Rule 37-C are concerned; 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 - 10 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 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. 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. - 11 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 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. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 13.08.2024 issued by respondent No.4 as per Annexure-F 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 - 12 - HC-KAR NC: 2025:KHC:25390 WP No. 25630 of 2024 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. (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.: 24