- 1 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 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.11400 OF 2024 (LB-BMP) BETWEEN: 1. SMT. NIRMALA, AGED 69 YEARS, W/O. LATE G. RAMAKRISHNA REDDY. 2. SRI HEMANTH KUMAR H.R. AGED 51 YEARS, S/O. LATE G. RAMAKRISHNA REDDY. 3. SRI LAKSHMISHA H.R. AGED 49 YEARS, S/O. LATE G. RAMAKRISHNA REDDY 4. SRI PRABHAKAR H.R. AGED 47 YEARS, S/O. LATE G. RAMAKRISHNA REDDY PETITIONERS NO.1 TO 4 ARE RESIDING AT HARALUR VILLAGE, AGARA POST, BENGALURU EAST TALUK, BENGALURU. 5. SMT. KASTURI, AGED 44 YEARS, W/O. SRI VINUKAR, D/O. LATE G. RAMAKRISHNA REDDY NO.109, 2ND A CROSS ROAD, NEAR LAKSHMI NARAYANA TEMPLE, MUNNEKOLALA, BENGALURU-560 037. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 ALL ARE REPRESENTED BY THEIR GPA HOLDER, M/S. BREN CORPORATION PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT NO.3, OLD MADRAS BANK ROAD, NEAR HOTEL AIRLINES, ASHOK NAGAR, BENGALURU-560 001 BY ITS DIRECTOR SRI J. BOOPESH REDDY. 6. M/S. BREN CORPORATION (FORMERLY KNOWN AS M/S SJR ENTERPRISES) 4TH FLOOR, PRESTIGE STERLING SQUARE, NO.3 , OLD MADRAS BANK ROAD, NEAR HOTEL AIRLINES, ASHOK NAGAR, BENGALURU-560 001 A PROPRIETARY CONCERN REGISTERED UNDER SHOPS AND COMMERCIAL ESTABLISHMENT ACT REPRESENTED BY ITS SOLE PROPRIETOR MR. J. BOOPESH REDDY. …PETITIONERS (BY SRI VIVEKANANDA T.P., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. STATE OF KARNATAKA, DEPARTMENT OF LABOUR, VIKASA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. - 3 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 3. THE BRUHAT BANGALORE MAHANAGARA PALIKE, N. R. SQUARE, BENGALURU-560 002. REPRESENTED BY ITS CHIEF COMMISSIONER. 4. THE JOINT DIRECTOR, TOWN PLANNING (NORTH), BRUHAT BANGALORE MAHANAGARAPALIKE N. R. SQUARE, BENGALURU-560 002. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R-1 AND R-2; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-3 AND R-4) * * * THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO.1 OF 2022 DATED 13-1-2022 ENACTED BY THE RESPONDENT NO.2 PUBLISHED THROUGH NOTIFICATION BEARING NO. DPAL 50 SHASANA 2021 GAZETTED ON 13-1-2022 AT ANNEXURE-L DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL 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 - 4 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 ORAL ORDER The captioned petition is filed seeking the following reliefs: i) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated 13.01.2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-L declaring it to be ultravires and unconstitutional; ii) issue writ of certiorari or similar writ or order or direction to quash the Office Order bearing No.ADTP/PR/ 461/ 2021-22 dated 09.03.2022 issued by the third respondent at Annexure –M; iii) issue a writ of certiorari or similar writ or order or direction to quash the fee demand notice bearing No.BBMP/ Addl.Dir/JDNORTH/LP/0001/19-20 dated 08.04.2024 at Annexure –H issued by the Respondent No.4 in so far as demand towards Ground Rent of Rs.26,36,374/-GST of Rs.4,74,547/-, Scrutiny Fee of Rs.2,63,637/-, balance arrears of Rs.1,02,09,209/-. Betterment levy for building in a sum of Rs.10,47,994/-, 5% service charges on levy and collection of Cess and Surcharge in a sum of Rs.3,72,459/-, Water supply cess of Rs.14,15,346/-, Ring Road Cess of Rs.14,15,346/-, Slum improvement - 5 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 cess of Rs.7,07,673/- and MRTS of Rs.35,38,364/- are concerned; iv) issue a writ of certiorari or similar writ or order or direction to quash the fee demand notice bearing No.BBMP/Addl.Dir/ JDCENTRAL/LP/0001/19-20 dated 15.12.2020 at Annexure –G issued by the Respondent No.4; v) 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-N issued by the 4th Respondent; vi) 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-P in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned; vii) grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TTP 2015dated 25.02.2020 as contained in ANNEXURE-Q in so far as the amended Rule 37-A and Rule 37-C are concerned; viii) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the interest of justice and equity; - 6 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 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 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 - 7 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 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 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 08.04.2024 and 15.12.2020 issued by respondent No.4 as per Annexure-H and G, respectively is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue Occupancy Certificate in accordance - 8 - HC-KAR NC: 2025:KHC:25389 WP No. 11400 of 2024 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 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 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.: 12