- 1 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23614 OF 2024 (LB-BMP) BETWEEN: M/S RAJYADA POLYMERS(P) LTD, NO.3, B.OOSMAN KHAN ROAD BENGALURU-560 002, IT IS REGISTERED COMPANY REPRESENTED BY ITS DIRECTOR MRS.JAYANTI RAMSISARIA, W/O. MR. KARAN RAMSISARIA, AGED ABOUT 23 YEARS, NO.3, B.OOSMAN KHAN ROAD, BENGALURU-560 002. …PETITIONER (BY SRI JNANESH KUMAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R. SQUARE, BENGALURU - 560 002. REPRESENTED BY ITS COMMISSIONER. 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 BRUHAT BENGALURU MAHANAGAR PALIKE, JAYANAGARA BENGALURU - 560 098. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-2 AND R-3) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ENTIRE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 (KARNATAKA ACT NO.1 OF 2022) NOTIFIED ON 13-1-2022 AS CONTAINED IN ANNEXURE-D AS BEING ULTRA VIRES THE CONSTITUTION AND ETC. THIS WRIT 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 The captioned petition is filed seeking the following reliefs: "WHEREFORE, the Petitioner most humbly prays that this Hon’ble Court may be pleased to – a. Grant an order declaring that the entire Karnataka Municipal Corporations and Certain other law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) - 3 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 notified on 13/01/2022 as contained in ANNEXURE-D as being ultra vires the Constitution. b. Grant an order, direction or writ in the nature of certiorari quashing the office Order No.HaNiNaYo/PR/461/2021-22 dated 09/03/2022 issued by Respondent No.2 as contained in ANNEXURE-F. c. Grant an order, direction or writ in the nature of mandamus directing the Respondent Nos.2 to issue occupancy certificate to the Petitioner without insistence of the fees specified in demand notice bearing L.P.No.Ad.Com/SUT/1252/15-16 dated 18/07/2024, as contained in ANNEXURE-A. d. Grant an order, direction or writ in the nature of Mandamus, directing the Respondents to issue the Occupancy certificate with respect to the Schedule Property to the Petitioner without insisting for payment of amounts demanded in the impugned demand notice; e. Grant an order, direction or declare that the various fees levied on the basis of the guidance value of the property are all bad in law and unconstitutional ; and f. Grant such other relief or reliefs as this Hon’ble Court may deem fit to grant, including cost of the Petitioner, 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 Fee, Building License Fee, and Scrutiny Fee under the - 4 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 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. In light of the authoritative pronouncements, the present petition does not warrant separate adjudication - 5 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 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 18.07.2024 as per Annexure-A is hereby set- aside. (iii) Respondent - BBMP is hereby directed to issue Occupancy Certificate in accordance with law in compliance of the construction strictly adhering to the approved building plan. (iv) Respondent - BBMP is 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 - 6 - HC-KAR NC: 2025:KHC:25250 WP No. 23614 of 2024 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 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.: 19