- 1 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12718 OF 2025 (LB-BMP) BETWEEN: STERLING URBAN VENTURES PVT. LTD. (COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013) LEVEL 5, PRESTIGE NEBULA, NO.8, CUBBON ROAD, BENGALURU-560 001, REP. BY ITS DIRECTOR, SRI. RAMANI SASTRI. …PETITIONER (BY SRI./SMT. MAYA HOLLA, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU 560 002. REP. BY ITS COMMISSIONER. 2. JOINT DIRECTOR TOWN PLANNING (NORTH), BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002. 3. STATE OF KARNATAKA DEPARTMENT OF LABOUR, 4TH FLOOR, VIKAS SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. …RESPONDENTS Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 (BY SRI. K.B. MONESH KUMAR, ADVOCATE FOR R1 & R2; SRI. BOPANNA B., AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) QUASH THE DEMAND NOTICE BEARING NO.BBMP/ADDL.DIR./JDNORTH/0101/24-25 DATED 16.04.2025 ISSUED BY THE BRUHAT BENGALURU MAHANAGARA PALIKE, THE FIRST RESPONDENT HEREIN (ANNEXURE-J) AND ETC. THIS 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 This petition is filed seeking the following reliefs:- “i) Issue a writ of certiorari or any other writ, order or direction quashing the Demand Notice bearing No.BBMP/Addl.Dir./JDNORTH/ 0101/24-25 dated 16.04.2025 issued by the Bruhat Bengaluru Mahanagara Palike, the first respondent herein (Annexure - J); ii) Issue a writ of mandamus or any other writ, order or direction, directing the respondent No.1 & 2 to issue modified building sanction plan in favour of the Petitioner which is being constructed on the land bearing Khatha No. 54/13/2 and 16/10 in Sy. No. 46/1, portion of - 3 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 Sy. No. 46/2, portion of Sy. No. 47 of Devarabeesanahalli Village and the lands portion of Sy. No. 11 (Part), 18/2, 18/3, 19/1, 19/2, 19/3, 19/4, 19/5 and 19/7, situated in Bellandur Village, Varthur Hobli, Bangalore South Taluk; iii) Direct the respondents to pay the costs of this petition and grant such other and further reliefs as are just.” 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, - 4 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 27.01.2017, and 30.03.2017. and 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. 4. 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. 5. In light of the authoritative pronouncements, the present petition does not warrant separate adjudication and is liable to be allowed in terms of the - 5 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 operative directions issued in the aforesaid writ petitions. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 16.04.2025 issued by respondent No.1 as per Annexure-J 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 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 - 6 - HC-KAR NC: 2025:KHC:27081 WP No. 12718 of 2025 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 NBM List No.: 2 Sl No.: 7