- 1 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 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.13549 OF 2021 (LB-BMP) BETWEEN: SMT. CHANDRAPRABHA B. W/O. G. JANARDHAN AGED ABOUT 60 YEARS RESIDING AT NO.360, 24TH "B" CROSS 9TH MAIN, BSK III STAGE BENGALURU-560 070 REPRESENTED BY GPA HOLDER SAIBY HOMES LLP REP MR. SUSHANT GUPTA S/O. SANJAY KUMAR AGED ABOUT 34 YEARS MR. SHASHAANK SHEKHAR S/O. MUKESH SINGH AGED ABOUT 62 YEARS AND ALSO HAVING OFFICE AT NO.1090/L, 3RD FLOOR, 18TH CROSS SECTOR 3, HSR LAYOUT BENGALURU-560 102 AND ALSO NO.61/20, YELENAHALLI VILLAGE BEGUR HOBLI, BENGALURU-560 102. …PETITIONER (BY SRI MANU SHANKAR S.S., ADVOCATE) Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS UNDER SECRETARY. 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY 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. THE ASSISTANT DIRECTOR OF TOWN PLANNING (BOMMANAHALLI) BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI BEGURU MAIN ROAD BENGALURU-560 068. …RESPONDENTS (BY SMT. SPOORTHY V HCGP FOR R-1 TO R3, SRI K.B. MONESH KUMAR, ADVOCATE FOR R-4 AND R5) - 3 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 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 AS CONTAINED IN ANNEXURE-G1 IN SO FAR 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 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 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 - 4 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 respondent bearing No.UDD 3 ТТР 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 petitioners their is concerned. iv) Issue a writ or order by way of certiorari quashing the circular dated 14/8/2020 bearing No.He.Ni.ka.pa.ko/PR/320/2020-21 issued by the respondent No.4 ANNEXURE-H in so far the petitioners is concerned. v) Issue a writ or order by way of certiorari quashing the government order bearing No.LD/300/LET/2006 dated 18/1/2007 and the corrigendum order bearing No.LD/300/LET/2006, dated 28/2/2007 issued by the respondent No.2 mandating upfront collection of labor welfare cess (ANNEXURE-F in so for the petitioners is concerned. vi) Issue a writ or order by way of certiorari quashing the demand notice dated 26/4/2021 bearing No.BBMP/Ad.Com/BMH/0446/20-21, issued by the respondent No.5 ANNEXURE- D for demanding in so - 5 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 far it is concerned to ground rent, GST on ground rent, Betterment charges for building, betterment charges for site, excess security deposit, revised license fee, revised scrutiny fee, cess for water supply scheme, surcharge for formation outer ring road, compound wall fee 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 for construction of the building in the schedule property without insisting the ground rent GST on ground rent, betterment charges for building, betterment charges for site, excess security deposit, 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 orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest justice and equity." - 6 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 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 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 - 7 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 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. 5. Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 26.04.2021 issued by respondent No.5 as per Annexure-D is hereby set-aside. - 8 - HC-KAR NC: 2025:KHC:24153 WP No. 13549 of 2021 (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 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.: 41