- 1 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 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.1848 OF 2021 (LB-BMP) BETWEEN: MRS. ASHA V' DSILVA W/O. N.A. DSILVA AGED ABOUT 57 YEARS RESIDING AT NO.30, 10TH CROSS 2ND BLOCK, 1ST STAGE HBR LAYOUT, BENGALURU-560 043. …PETITIONER (BY SRI B. PRAMOD AND SRI LOKESH L.N., ADVOCATES) AND: 1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT 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 UNDER SECRETARY. 3. THE STATE OF KARNTAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI Digitally signed by CHAITHRA P Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 4. BRUATH BENGALURU MAHANAGAR PALIKE N.R. SQUARE BENGALURU-560 002 REPRESENTED BY ITS COMMISSIONER. 5. THE ASSISTANT DIRECTOR TOWN PLANNING (EAST) BRUHATH BENGALURU MAHANAGARA PALIKE 22ND FLOOR, MAYOHALL, UTILITY BUILDING M.G. ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI H.K. KENCHEGOWDA, AGA FOR R-1 AND R-2; SRI B.S. KARTHIKEYAN, 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 SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO.23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998) AS CONTAINED IN ANNEXURE-G1 INSOFAR AS SECTION 18-A (i) AND (iv) OF THE KARNATAKA ACT NO.23 OF 2004 IS CONCERNED AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 ORAL ORDER Caption petition is filed seeking the following reliefs:- "i) Grant an order, direction or writ in the nature of Certiorari quashing Section 18-A of the Karnataka Town & Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 (Karnataka Town & Country Planning (Amendment) Act, 1998) as contained in ANNEXURE-G1 insofar as Section 18- A(i) and (iv) of the Karnataka Act No. 23 of 2004 is concerned; ii) 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 insofar as the inserted Rule 37-A and 37-C_is concerned; iii) Issue a writ or order by way of certiorari quashing the circular dated 04/09/2015, bearing No. Heninayo/JD(N)/DM3/PR /320/2015-16 issued by the Respondent No.4 (Annexure-E) in so far the Petitioner is concerned. iv) Issue a writ or order by way of certiorari quashing the circular dated 14/08/2020, bearing No. He. Ni.Ka.Pa.Ko/P.R/320/2020- 21 issued by the - 4 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 Respondent No.4 (Annexure-H) in so far the Petitioner is concerned. v) Issue a writ or order by way of certiorari quashing the Government 18/01/2007 order bearing No.LD/300/LET/2006 and the corrigendum dated order bearing No.LD/300/LET/2006, dated 28/02/2007 issued by the Respondent No.2 mandating upfront collection of labour welfare cess (Annexure-F) in so far the Petitioner is concerned. vi) Issue a writ or order by way of certiorari quashing the demand notice dated 15/01/2021, bearing No.BBMP/Ad.Com/EST /1112/2020-21, issued by the Respondent No.5 (Annexure-D) for demanding in so far it is concerned to Ground rent, GST on Ground rent, Betterment charges for building, Betterment charges for site, revised License fee, revised scrutiny fee, Cess for water supply scheme, Surcharge for formation outer ring road, Cess for improvement of slum, Surcharge for Mass Rapid Transport System, Labour cess and etc., as illegal, without jurisdiction and arbitrary. vii) Issue a writ or order or direction by way of mandamus directing the Respondent No.4 and 5 BBMP to issue the sanction plan with respect to the Schedule Property without insisting the Ground rent, - 5 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 GST on Ground rent, Betterment charges for building, Betterment charges for site, revised License fee, revised scrutiny fee, Cess for water supply scheme, Surcharge for formation outer ring road, Cess for improvement of slum, Surcharge for Mass Rapid Transport System, Labour cess and etc., and viii) Pass any such other order(s) as this Hon'ble Court deems 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. 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 Government Circulars dated 04.09.2015, 27.01.2017, and 30.03.2017. Similarly, in M/s Sapthagiri Shelters and - 6 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 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 and is liable to be allowed in terms of the operative directions issued in the aforesaid writ petitions. - 7 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 15.01.2021 issued by respondent No.5 as per Annexure-D 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. (vi) If the building license and sanction plan are issued, the same shall be subject to the outcome of - 8 - HC-KAR NC: 2025:KHC:24142 WP No. 1848 of 2021 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.: 39