- 1 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 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.7209 OF 2021 (LB-BMP) BETWEEN: 1. SRI KRANTHI VARMA S/O. D. RAMARAJU AGED ABOUT 40 YEARS RESIDING AT NO.131, 15TH CROSS 2ND BLOCK, R.T.NAGAR BENGALURU-560 032. 2. SRI ABHISHEK VARMA S/O. D. RAMARAJU AGED ABOUT 33 YEARS RESIDING AT NO.131 15TH CROSS, 2ND BLOCK R.T. NAGAR BENGALURU-560 032. …PETITIONERS (BY SRI MANJUNATHA S.V., ADVOCATE) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R. SQUARE BENGALURU-560 002. 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY 4TH FLOOR, VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 3. ASSISTANT DIRECTOR TOWN PLANNING (YELAHANKA) BRUHAT BENGALURU MAHANAGARA PALIKE ROOM NO.2, AMRUTHAHALLI MAIN ROAD BYTARAYANPURA, BELLARY ROAD BENGALURU-560 092. 4. STATE OF KARNATAKA DEPARTMENT OF LABOUR REPRESENTED BY ITS PRINCIPAL SECRETARY 4TH FLOOR, VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU-560 001. …RESPONDENTS (BY SMT. SPOORTHY V., H.C.G.P. FOR R-2 AND R-4; SMT. SINCHANA M.R., ADVOCATE FOR R-1 AND R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE BYE LAWS NO.3.9 OF THE BENGALURU MAHANAGARA PALIKE BUILDING BYE LAWS 2003 AS UNCONSTITUTIONAL ILLEGAL AND ULTRA VIRES AND QUASH THE DEMAND NOTICE DATED 16-3-2021 FOR A SUM OF RS.1,28,720/- (RUPEES ONE LAKH TWENTY EIGHT SEVEN HUNDRED AND TWENTY ONLY) TOWARDS GROUND RENT AND OTHER CHARGES REFEREED THEREIN AT ANNEXURE-A ISSUED BY RESPONDENT NO.3 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Caption petition is filed seeking the following reliefs :- "a) Issue a Writ of Certiorari or any other appropriate Writ of like nature or direction, declaring the Byelaws No.3.9 of the Bangalore Mahanagara Palike Building Bye-laws 2003 as unconstitutional, illegal and ultra vires; b) Issue a Writ of Certiorari or any other appropriate Writ of like nature, or direction, quashing the Demand Notice dated 16.03.2021 bearing No. BBMP/Ad.com/YLK/1313/20-21 for a sum of Rs.1,28,720/- (Rupees one lakh twenty eight seven hundred and Twenty Only), towards Ground Rent and other charges referred therein at Annexure 'A' issued by R3. c) Grant such other and further relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interests of justice and equity." - 4 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 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. 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. 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 - 5 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 Building Bye-laws, 2003, pertaining to Ground Rent, as invalid. 3. 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. 4. 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. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 16.03.2021 issued by respondent No.3 as per Annexure-A is hereby set-aside. - 6 - HC-KAR NC: 2025:KHC:24125 WP No. 7209 of 2021 (iii) Respondent- BBMP is 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. (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 is 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.: 9