- 1 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 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.34466 OF 2024 (LB-BMP) BETWEEN: SRI RAJESHWARA P.N. S/O. LATE SRI P. NARAYANA BHAT AGED ABOUT 54 YEARS ADVOCATE RESIDING AT NO.140/3, DEVI KRUPA 3RD BLOCK, 4TH MAIN ROAD THYAGARAJNAGAR BSK II STAGE PO BENGALURU-560 070 …PETITIONER (BY SRI NARAYANA RAO H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R. SQUARE BENGALURU - 560 002. 3. THE JOINT DIRECTOR TOWN AND COUNTRY PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 of 2024 BENGALURU - 560 002. …RESPONDENTS (BY SRI SPOORTHI, H.C.G.P. FOR R-1; SRI PAWAN KUMAR, ADVOCATE FOR R-2 AND R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO GRANT AN ORDER DECLARING THAT THE ENTIRE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 (KARNATAKA ACT NO.01 OF 2022) NOTIFIED ON 13-1-2022 AS CONTAINED IN ANNEXURE-G AS BEING ULTRA VIRES THE CONSTITUTION IN SO FAR PETITIONER. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: a) Grant an order declaring that the entire Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No. 01 of 2022) notified on 13.01.2022 as contained in ANNEXURE-G as being ultra vires the Constitution in so far Petitioner; b) Grant an order declaring that Section 18-A of the Karnataka Town & Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 (Karnataka Town & Country Planning (Amendment) Act, 1998) as contained in ANNEXURE-C as being ultra vires the Constitution in so far Petitioner: c) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 23 TTP 2020 (E) dated - 3 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 of 2024 21.06.2021 as contained in ANNEXURE-E in so far as the amended Rule 37-A and 37-C is concerned in so far Petitioner; d) Grant an order, direction or writ in the nature of certiorari quashing the Office Order No.HaNiNaYo/PR/461/2021-22 dated 09.03.2022 issued by Respondent No.2 as contained in ANNEXURE-J in so far Petitioner; e) Grant an order declaring that the entire Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 (Karnataka Act No. 37 of 2024) notified by Respondent No.1 on 16/08/2024 as contained in ANNEXURE-L as being ultra vires the Constitution in so far Petitioner; f) Grant an order, direction or writ in the nature of certiorari quashing the demand notice bearing BBMP/Ad.Com/EoDB/CH/37641/24-25 dated 03/12/2024 as contained in ANNEXURE-K insofar as the levy of ground rent, license fee, scrutiny fees, betterment fee, security deposit, lake rejuvenation fee, water supply scheme cess, ring road formation cess, slum improvement cess, MRTS Surcharge and 5% service charge, labour welfare charge/cess is concerned; g) Grant an order, direction or writ in the nature of mandamus directing the Respondent Nos.2 to issue fresh sanction plan to the Petitioner without insistence of the fess specified at "I. Fee Payable To BBMP" (i.e., scrutiny fee, license fees, security deposit, ground rent, lake rejuvenation fee, betterment levy on site & building, cess for water supply scheme, cess for ring road, cess for improving slum board, cess for mass rapid transport, 5% BBMP Service charges, labour charges/cess) as contained in demand notice bearing BBMP/Ad.Com/EoDB/CH/37641/24-25 dated 03/12/2024 contained in Annexure- K, in so far Petitioner; h) Grant an order, direction or declare that the various fees levied on the basis of the guidance value of the property are all bad in law and unconstitutional; and i) Pass such other relief/s as this Hon'ble Court may deem fit to grant, including cost of the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 of 2024 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. and 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 - 5 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 of 2024 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. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 03.12.2024 as per Annexure-K is hereby set-aside. (iii) Respondent- BBMP hereby directed to issue fresh sanction plan. - 6 - HC-KAR NC: 2025:KHC:24586 WP No. 34466 of 2024 (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 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.: 49