- 1 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.50146 OF 2019 (LB-BMP) BETWEEN: M/S. H. M. ESTATES AND PROPERTIES A PARTNERSHIP FIRM HAVING ITS OFFICE AT H. M. GENEVA HOUSE, NO.14 CUNNINGHAM ROAD BENGALURU - 560 052. REPRESENTED BY ITS PARTNERS MR. H. J. SIWANI AND MR. M. J. SIWANI …PETITIONER (BY SRI RAJU S., ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICE, N. R. SQUARE BENGALURU - 560 002. REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT DIRECTOR TOWN PLANNING (NORTH) BRUHAT BENGALURU MAHANAGARA PALIKE PALIKE OFFICES, N.R.SQUARE BENGALURU - 560 002. …RESPONDENTS (BY SRI BOPANNA B., A.G.A., FOR R-1; SRI K. N. PUTTEGOWDA FOR R-2 AND R-3) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE BY-LAWS NOS.3.8 AND 3.9 OF RESPONDENTS - BRUHAT BENGALURU MAHANAGARA PALIKE BYE-LAWS, 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES AND CONSEQUENTLY DECLARE THAT THE LEVY AND COLLECTION OF GROUND RENT FROM THE PETITIONER IS ILLEGAL AND UNAUTHORIZED AND QUASH THE IMPUGNED NOTICE DATED 17.10.2019 ISSUED BY THE RESPONDENTS-B.B.M.P. IN NO.JDTP/LP/30/2006-07, DATED 17.10.2019 BY THE RESPONDENTS - B.B.M.P. DIRECTING THE PETITIONER TO PAY A SUM OF RS.52,16,303-00 (RUPEES FIFTY-TWO LAKHS SIXTEEN THOUSAND THREE HUNDRED AND THREE) AND G.S.T. OF RS.9,38,935-00 (RUPEES NINE LAKHS THIRTY- EIGHT THOUSAND NINE HUNDRED AND THRITY-FIVE) AND SCRUTINY FEE OF RS.1,30,408-00 (RUPEES ONE LAKHS THIRTY THOUSAND FOUR HUNDRED AND EIGHT) VIDE ANNEXURE-E. AND ETC. 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:27149 WP No. 50146 of 2019 ORAL ORDER The captioned petition is filed seeking the following reliefs: [a] to declare that the Bye-Laws Nos.3.8 and 3.9 of Respondents - Bruhat Bengaluru Mahanagara Palike Bye- Laws,, 2003 as unconstitutional, illegal and ultra vires and consequently declare that the levy and collection of ground rent from the Petitioner is illegal and unauthorized, [b] to issue a Writ of Certiorari for quashing the impugned Notice, dated: 17-10-2019 issued by the Respondents Β.Β.Μ.Ρ. in No. JDTP/LP/30/2006-07, dated: 17-10-2019 by the Respondents B.B.M.P. directing the Petitioner to pay a sum of Rs.52,16,303-00 [Rupees fifty-two lakhs sixteen thousand three hundred and three) and G.S.T. of Rs.9,38,935-00 [Rupees nine lakhs thirty-eight thousand nine hundred and thirty-five] and scrutiny fee of Rs.1,30,408-00 [Rupees one lakh thirty thousand four hundred and eight vide "ANNEXURE - "Е", [c] to issue a Writ of Mandamus directing the Respondents - Bruhat Bengaluru Mahanagara Palike to issue Occupancy Certificate to the Petitioner without insisting on payment of ground rent / GST/scrutiny fee. [d] to grant such other relief or reliefs as this Hon'ble Court be pleased to grant in the facts and in the circumstances of the above case. by allowing the above Writ Petition, in the interest of justice and equity. 2. It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench in the reported judgment in W.P.No.36017/2018 and - 4 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 connected matters. The Co-ordinate Bench, while deciding the issue, has held that the bye-laws under which Ground Rent, License Fee, Building License fee, Scrutiny fee are levied are ultra vires the Act. The Co-ordinate Bench also quashed the circular dated 04.09.2015 and Government circulars dated 27.01.2017 and 30.03.2017. Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under; "O R D E R (a) All the Writ Petitions are allowed. (b) The bye-laws under which Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee, Security Deposit are all held ultravires the Act and are resultantly rendered unenforceable. (c) The Circular bearing No.ºÉ¤£ÀAiÉÆÃ/eÉ.r(G)/rJªÀiï3/¦Dgï/320/2015-16 dated 04.09.2015 stands quashed. (d) The Circular bearing No.£ÀCE 36 ¨ÉªÀÄ¥Áæ 2016 (¨sÁUÀ) dated 27.01.2017 and the Circular bearing No. ºÉ¤£ÀAiÉÆÃ/¦Dgï/1533/2016-17 dated 30.03.2017 demanding Lake Rejuvenation Fee are quashed. - 5 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 (e) Imposition of labour cess under the Welfare Cess Act is upheld, but its demand for payment upfront in terms of Government Orders dated 18.01.2007 and 28.02.2007 stands quashed. (f) The State or the BBMP is not precluded from bringing in the impugned levies under the provisions of the Act or the Rules by making suitable amendments to the Act and the Rules. 368 (g) Petitioners in all these petitions who have deposited certain amounts in terms of the interim order passed by this Court before this Court are entitled to refund of the amounts so deposited. (h) Insofar as refund in other cases who have paid to the Corporation under protest, they shall be entitled to such refund only if the same is not collected from the consumers of the apartments, businesses as the case would be. (i) Insofar as all other payments made, they would all be at liberty to give representation to the BBMP and the BBMP would consider the refund of the - 6 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 amounts, in accordance with law and the findings of this Court. (j) If representations are made by the petitioners for refund, the BBMP shall pass appropriate orders within 12 weeks from the date of such representations. In view of disposal of the petitions, all pending Interlocutory Applications also stand disposed." 3. In the considered view of this Court, the issues raised in the present writ petition stand squarely covered by the authoritative pronouncement rendered by the Co- ordinate Bench of this Court in W.P.No.36017/2018 and connected matters. The Co-ordinate Bench, after examining the statutory framework and the impugned levy mechanisms adopted by the BBMP, categorically held that the imposition of Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee, and Security Deposit lacked statutory sanction and were ultra vires the Karnataka Municipal Corporations Act, 1976. The Co-ordinate Bench further held that Clause 3.8 of the BBMP Building Bye- - 7 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 laws, 2003, which provided for imposition of Ground Rent, was also devoid of legal authority and consequently struck it down. The Court also quashed the impugned Circular dated 04.09.2015 issued by respondent No.4, as well as the Government Orders dated 27.01.2017 and 30.03.2017, which had directed collection of such fees without statutory backing. With specific reference to labour welfare cess, the Co-ordinate Bench upheld the competence of the State to levy the cess under the Building and Other Construction Workers’ Welfare Cess Act, 1996, but set aside the directive mandating its upfront collection through Government Orders dated 18.01.2007 and 28.02.2007, thereby rendering the demand raised in anticipation of sanction of building plans unlawful. The Co-ordinate Bench also clarified that the only charging provision available under the Act was sub- section (20-b) of Section 423, which merely enabled collection of fees for services relating to burial grounds and crematoria, and could not be relied upon for the - 8 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 imposition of unrelated charges such as ground rent or scrutiny fee. In light of these clear and binding findings, the controversy raised in the present writ petition does not survive for independent adjudication, as the grievance of the petitioner is directly addressed and resolved by the said judgment. Therefore, this Court is of the considered opinion that the present writ petition deserves to be allowed by applying the ratio and operative portion of the judgment rendered in W.P.No.36017/2018 and connected matters. 4. In view of the above, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned notice dated 17.10.2019 issued by respondent No.3 as per Annexure-E is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue Occupancy Certificate in - 9 - HC-KAR NC: 2025:KHC:27149 WP No. 50146 of 2019 accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent- BBMP is hereby directed to forthwith process the petitioner's application seeking occupancy certificate, strictly in accordance with law. (v) It is made clear that the issuance of the occupancy certificate shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. (vi) If the occupancy certificate is 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.: 2