- 1 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 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. 7173 OF 2021 (LB-BMP) BETWEEN: 1. M/S DHARIWAL LIFESPACES PVT LTD OFFICE AT MANIKCHAND HOUSE, FINAL PLOT NO.2, 3 AND 4, SINGASANDRA VILLAGE, HOSUR ROAD, BANGALORE - 560 068. REP BY MANAGING DIRECRTOR MR. PRAKASH RASHIKLAL DHARIWAL REP BY GPA HOLDER M./S SHANKAESHWAR LAND MARK LLP NO. 110/2, 1ST FLOOR, LALBAGH MAIN ROAD, KISHNAPPA COMPOUND, BANGALORE - 560 027.. REP BY ITS DIRECTOR SRI MAHAVEER SHANKERLAL MEHTA …PETITIONER (BY SRI. MANJUNATHA S V., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, N R SQUARE, BANGALORE - 560 002. 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, IKAS SOUDAH AMBEDKAR VEEDHI, BANGALORE 560 001. 3. JOINT DIRECTOR TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002. 4. STATE OF KARNATAKA DEPARTEMTN OF LABOUR, REPRESENTED BY ITS PRINCIPAL SECRETARY, 4TH FLOOR, VIKAS SOUDHA, AMBEDKAR VEEDHI, BANGALORE 560 001. …RESPONDENTS (BY SMT. SPOORTHY V., HCGP FOR R2 & R4 SMT. SINCHANA M.R., ADVOCATE FOR R1 & R3) THIS W.P. IS FILED PRAYING TO DECLARE THE BYELAWS NO.3.9 OF THE BANGALORE MAHANAGARA - 3 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 PALIKE BUILDING BYE-LAWS 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES.QUASH THE DEMAND NOTICE DATED NOTICE DTD. 08.03.2021 ISSUED BY R-3 DEMANDING PAYMENT OF RS. 29,65,986/- (RUPEES TWENTY NINE LAKHS SIXTY FIVE THOUSAND NINE HUNDRED AND EIGHTY SIX ONLY) TOWARDS GROUND RENT AND RS.5,33,878/- (RUPEES FIVE LAKHS THIRTY THREE THOUSAND EIGHT HUNDRED AND SEVENTY EIGHT ONLY) TOWARDS GST ON THE SAID GROUND RENT AND OTHER CHARGES REFERRED THEREIN AT ANNX-A AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Caption petition is filed seeking the following reliefs:- "a) issue a Writ or 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 or Certiorari or any other appropriate Writ of like nature or direction, quashing the Demand Notice dated 08.03.2021 - 4 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 bearing No. BBMP/Ad.Dir/JD South/0044/19-20 issued by Respondent No.3 demanding payment of Rs.29,65,986/- (Rupees Twenty Nine Lakhs Sixty Five Thousand Nine hundred and Eighty Six Only), towards Ground Rent and Rs.5,33,878/- (Rupees Five Lakhs thirty Three thousand eight hundred and seventy eight only) towards GST on the said 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. 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 - 5 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 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 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 - 6 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 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 08.03.2021 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 not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. - 7 - HC-KAR NC: 2025:KHC:24137 WP No. 7173 of 2021 (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. 6. Pending applications, if any, are also disposed off." Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NG List No.: 2 Sl No.: 7