- 1 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.33232 OF 2024 (LB-BMP) BETWEEN: 1. SRI NAGARAJU S/O. LATE SRI NARASIMAIAH AGED ABOUT 40 YEARS. 2. SMT. SHARADHA B.R. W/O. NAGARAJU, AGED ABOUT 36 YEARS, BOTH ARE RESIDING AT KOMARADEVANAHALLI, DASIHALLI POST, MAYASANDRA HOBLI, TURUVEKERE TALUK TUMKUR DISTRICT-572 221. …PETITIONERS (BY SRI MEGHACHANDRA D.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU -560 001 REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKASA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 REPRESENTED BY ITS SECRETARY. 3. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 002 REPRESENTED BY ITS COMMISSIONER. 4. THE ASSISTANT DIRECTOR TOWN PLANNING (RAJARAJESHWARINAGARA) BRUHAT BENGALURU MAHANAGARA PALIKE, 18TH CROSS, IDEAL HOME LAYOUT, RAJARAJESHWARI NAGARA NEAR BESCOM OFFICE BENGALURU-560 098. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1 AND R-2; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-3 AND R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION DECLARING BY LAW NO.3.9 OF BBMP BUILDING BYE LAW 2003 AS UNCONSTITUTIONAL ILLEGAL AND ULTRA VIRES AND QUASH THE DEMAND NOTICE DATED 04.12.2024 BEARING NO.BBMP/EODB/CH/37821/24-25 ISSUED BY R-4 AS PER ANNEXURE-A TO THIS WRIT PETITION. 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 - 3 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 ORAL ORDER The captioned petition is filed seeking the following reliefs: i) Issue Writ of Certiorari or any other writ or direction declaring bye law NO.3.9 of BBMP Building bye law 2003 as unconstitutional illegal and ultra-vires; ii) Issue Writ of Certiorari quashing the Demand notice dated 04/12/2024 bearing No. BBMP/EoDB/CH/ 37821/24-25 issued by Respondent No.4 as per ANEXURE – A to this writ petition; iii) Grant such other relief/s which deems fit to the facts and 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 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 - 4 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 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 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 - 5 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 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 04.12.2024 issued by respondent No.4 as per Annexure-A is hereby set-aside. (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. - 6 - HC-KAR NC: 2025:KHC:26753 WP No. 33232 of 2024 (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.: 36