- 1 - HC-KAR NC: 2025:KHC:27400 WP No. 15725 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.15725 OF 2024 (LB-BMP) BETWEEN: 1. M/S. MEHEK ASSOCIATES A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.39/B GOVINDAPPA ROAD, BASAVANAGUDI BENGALURU - 560 004. REPRESENTED BY ITS PARTNERS, 2. SRI MAHENDRA B. PIRGAL S/O. LATE BHAWARAL D. PIRAGAL AGED ABOUT 59 YEARS 3. SRI AADESH M. PIRGAL S/O. SRI MAHENDRA B. PIRGAL AGED ABOUT 40 YEARS …PETITIONERS (BY SRI MANJUNATHA S. V., ADVOCATE) AND: 1. BRUHAT BENGALURU 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, VIKAS SOUDHA Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27400 WP No. 15725 of 2024 DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. ASSISTANT DIRECTOR TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE 9TH CROSS, 9TH MAIN ROAD JAYANAGAR 2ND BLOCK BENGALURU - 560 011. 4. STATE OF KARNATAKA DEPARTMENT OF LABOUR REPRESENTED BY ITS PRINCIPAL SECRETARY 4TH FLOOR, VIKAS SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (BY SMT. SPOORTHY V. H.C.G.P., FOR R1; SRI MONESH KUMAR K. B., FOR R2 AND R3) 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 BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES AND QUASH THE DEMAND NOTICE DATED 06.05.2024 BEARING LP NO. BBMP/AD.COM/SUT/2266/23-24 FOR PAYMENT A TOTAL SUM OF RS. 26,86,000/- (RUPEES TWENTY SIX LAKHS EIGHTY SIX THOUSAND ONLY), AND RS. 5,57,299/- (RUPEES FIVE LAKHS FIFTY SEVEN THOUSAND TWO HUNDRED AND NINETY NINE ONLY) TOWARDS GROUND RENT AND OTHER CHARGES REFERRED THEREIN AT ANNEXURE-A. THIS WRIT PETITION IS 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:27400 WP No. 15725 of 2024 ORAL ORDER The captioned 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 06/05/2024 bearing LP No. BBMP/Ad.Com/SUT/2266/23-24 for payment a total sum of Rs. 26,86,000/- (Rupees Twenty Six Lakhs Eighty Six Thousand Only), and Rs. 5,57,299/- (Rupees Five Lakhs Fifty Seven Thousand Two Hundred and Ninety Nine Only) towards Ground Rent and other charges referred therein at ANNEXURE 'A. 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. 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 - 4 - HC-KAR NC: 2025:KHC:27400 WP No. 15725 of 2024 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. 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. - 5 - HC-KAR NC: 2025:KHC:27400 WP No. 15725 of 2024 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 06.05.2024 issued by respondent No.3 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 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 - 6 - HC-KAR NC: 2025:KHC:27400 WP No. 15725 of 2024 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.: 7