- 1 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 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.14261 OF 2021 (LB-BMP) BETWEEN: SRI K. SHYAMA RAJU S/O. LATE K. RAMA RAJU, AGED ABOUT 75 YEARS, OCC. BUSINESS, R/AT. NO.9, 10TH MAIN ROAD, SADASHIVANAGAR, RAJAMAHAL VILAS, BENGALURU-560 080 …PETITIONER (BY SRI DALWAI VENKATESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 AFFAIRS AND LEGISLATION, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 4. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER. 5. ASSISTANT DIRECTOR TOWN PLANNING WEST ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560 020. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1 TO R-3; SRI H. DEVENDRAPPA, ADVOCATE FOR R-4 AND R-5) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH RULE 3 OF THE KARNATAKA PLANNING AUTHORITIES (AMENDMENT) RULED 2019 SUBSTITUTING RULE 37-A(1) VIDE NOTIFICATION ISSUED BY THE R-1 DATED 25.2.2020 PUBLISHED ON 26.2.2020 IN KARNATAKA GAZETTE PART IV -A PRODUCED AT ANNEXURE-G. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 ORAL ORDER The captioned petition is filed seeking the following reliefs: a) Issue a writ of certiorari quashing Rule 3 of the Karnataka Planning Authorities (Amendment) Rules 2019 substituting Rule 37-A(1) vide notification issued by the 1st Respondent bearing number UDD 3 TTP 2015 dated 25.02.2020 published on 26.02.2020 in Karnataka Gazette Part IV-A produced at Annexure G. b) Consequently, issue a writ of certiorari quashing circular bearing He.Ni.Ka.Pa.Ko/P.R/320/2020-21 dated:14.08.2020 issued by the 4th Respondent based on the Karnataka Planning Authorities (Amendment) Rules2019 so far as the Petitioner is concerned is produced at Annexure H; c) Issue writ a circular bearing of certiorari quashing HENİNAYO/J.D(U)/DM3/PR/320/2015-16 dated 04.09.2015 issued by the 4th Respondent prescribing market value at Rs.50,000/- per square metre and accordingly calculating scrutiny fee, licence fee and ground rent so far as the Petitioner is concerned is produced at Annexure F; d) Issue a writ of certiorari quashing the demand notice in No.BBMP/Ad.Com./WST/0058/20-21 dated 21.09.2021 produced at Annexure-E issued to the Petitioner by the 5th Respondent bearing and direct the 4th and 5th - 4 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 Respondent to re-calculate the scrutiny fee, licence fee on the basis of actual guideline value applicable to the Property of the Petitioner, exempt from payment of ground rent and betterment charges for sital value, calculate the betterment charges for building as per rates applicable to residential, calculate the security deposit as per Byelaw4.1.2 of the Bangalore Mahanagara Palike Building Bye-laws 2003 and not to collect 1% administrative charges on labour cess from the Petitioner. e) Issue a writ of mandamus directing the 4th and 5th Respondents to issue the sanction plan in favour of the Petitioner for construction in the Property; f) Grant such other and further relief as this Hon'ble Court may deem fit in 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 - 5 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 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. - 6 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 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 21.09.2021 issued by respondent No.5 as per Annexure-E 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 - 7 - HC-KAR NC: 2025:KHC:26481 WP No. 14261 of 2021 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.: 1