- 1 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17505 OF 2021 (LB-BMP) BETWEEN: NEW HORIZON EDUCATIONAL AND CULTURAL TRUST A REGISTERED TRUST HAVING ITS REGISTRED OFFICE AT NEW HORIZON COLLEGE OF ENGINEERING, BELLANDUR POST, OUTER RING ROAD, NEAR MARTHAHALLI, BANGALORE-560 038, REPRESENTED BY ITS MANAGING TRUSTEE DR. MOHAN MUNGHNANI …PETITIONER (BY SRI. NISHANTH A.V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR BEEDHI, BANGALORE-560 001. 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR, VIKASA SOUDHA, BANGALORE, REPRESENTED BY ITS SECRETARY. 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 N.R.SQUARE, BANGALORE-560 002, REPRESENTED BY ITS COMMISSIONER. 4. THE JOINT DIRECTOR (TOWN PLANNING-NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 002. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1 & R2; SRI. S.N. PRASHANTH CHANDRA, ADVOCATE FOR R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICE LP NO.BBMP/AD.COM./MDP/0650/19-20 (PROJECT NO.PRJ/2666/20-21 DATED NIL AT ANNEXURE-C ISSUED BY THE RESPONDENT NO.4 ONLY IN SO FAR AS THE DEMAND OF RS.2,33,502/- TOWARDS SCRUTINY FEE, RS.4,68,104/- TOWARDS GROUND RENT AND GST, RS.5,04,888/- TOWARDS LICENSE FEE, RS.3,00,930/- TOWARDS BETTERMENT FEE FOR BUILDING, RS.3,00,930/- TOWARDS SECURITY DEPOSIT, CESS/SURCHARGE OF RS.13,59,114/- TOWARDS WATER SUPPLY SCHEME (BWSSB), RS.13,59,114/- TOWARDS RING ROAD(BDA), RS.6,79,557/- TOWARDS IMPROVING SLUMS(KSCB), RS.33,97,785/- TOWARDS MASS RAPID TRANSPORT SYSTEM(BDA), RS.23,16,616/- TOWARDS SURCHARGE OF 5% ON CESS(IT IS WRONGLY MENTIONED AS 1% SERVICE CHARGES ON LABOUR CESS TO BBMP) LABOUR CESS OF RS.4,86,000/- ARE CONCERNED 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:- - 3 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 “i) issue a writ of certiorari or similar writ or order or direction to quash the demand notice LP No.BBMP/AD.COM./MDP/0650/19-20 (Project No.PRJ/2666/20-21 dated nil at Annexure-C issued by the respondent No.4 only in so far as the demand of Rs.2,33,502/- towards Scrutiny Fee, Rs.4,68,104/- towards Ground Rent and GST, Rs.5,04,888/- towards License Fee, Rs.3,00,930/- towards Betterment fee for building, Rs.3,00,930/- towards security deposit, Cess/surcharge of Rs.13,59,114/- towards water supply scheme (BWSSB), Rs.13,59,114/- towards Ring Road(BDA), Rs.6,79,557/- towards improving slums(KSCB), Rs.33,97,785/- towards Mass Rapid Transport System(BDA), Rs.23,16,616/- towards Surcharge of 5% on Cess(it is wrongly mentioned as 1% service charges on Labour cess to BBMP) labour cess of Rs.4,86,000/- are concerned; ii) Issue a writ of Mandamus or any other appropriate writ or order or direction declaring that Bye-law No.3.9 in the Bangalore Mahanagara Palike Building Bye-laws, 2003 as unconstitutional, arbitrary, illegal and ultravires; - 4 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 iii) Issue Writ of Certiorari quashing the Government Order issued by the 2nd Respondent bearing G.O.No.LD 300 LET 2006 dated 18.01.2007 and the corrigendum bearing No. LD 300 LET 2006 dated 28.02.2007 directing upfront collection of labour welfare cess, as contained in ANNEXURE-D. iv) Issue Writ of Certiorari or similar Writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/P.R/320/2020-21 dated 14.08.2020 at Annexure-E issued by the 3rd Respondent; v) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-F in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. vi) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TTP 2015 dated 25.02.2020 as contained in ANNEXURE-G in so far as the amended Rule 37-A and Rule 37-C are concerned; - 5 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 vii) Issue writ of mandamus or similar writ or order or direction directing the respondent Nos. 3 and 4 to issue building plan and license pursuant to demand the notice LP No.BBMP/AD.COM./MDP/0650/19-20 (Project No.PRJ/2666/20-21 dated nil at Annexure -C issued by the respondent No.4 without insisting for payment of aforesaid demands. viii) Issue any other appropriate writ or order or direction as deemed fit in the 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 Fee, Building License Fee, and Scrutiny Fee under the relevant bye-laws as ultra vires the Act and - 6 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 quashed the Government Circulars dated 04.09.2015, 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 - 7 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 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 Nil issued by respondent No.4 as per Annexure-C is hereby set-aside. (iii) Respondent Nos.3 and 4 - BBMP are hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent Nos.3 and 4 - BBMP are 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 - 8 - HC-KAR NC: 2025:KHC:24313 WP No. 17505 of 2021 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.: 1