- 1 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8452 OF 2019 (LB-BMP) BETWEEN: 1. M/S ANAND GROUP, NO.56, SHARADA PLAZA, 9TH MAIN ROAD, 3RD BLOCK, JAYANAGAR, BENGALURU - 560011. REP BY ITS MANAGING PARTNER. SRI. R. ANAND, S/O M V RAMASWAMY, AGED ABOUT 47 YEARS. …PETITIONER (BY SRI. NAGARAJA T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560001. 2. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE – 560002. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 3. THE SPECIAL COMMISSIONER (TOWN PLANNING), BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE – 560002. 4. THE JOINT DIRECTOR, (TOWN PLANNING SOUTH), BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE -560002. …RESPONDENTS (BY SMT.SPOORTHY V., HCGP FOR R1; SRI.S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 21.07.2016 ISSUED BY R-2, VIDE ANNX-D, CIRCULAR DTD 29.08.2016, ISSUED BY R-3 VIDE ANNX-E AND THE DEMAND NOTICE DTD 13.02.2019 ISSUED BY R-4 VIDE ANNX-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDE1R 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, it is most respectfully prayed that this Hon'ble Court may be pleased to issue a writ in the nature of Certiorari or any other writ, order or direction:- (a) Quashing the Circular No. bearing HENINAYO/PR/505/2016-17, Dt:21-07-2016, issued by 2nd respondent, the office of Commissioner, BBMP, N. R. Circle, Bengaluru-56002, produced at Annexure-D, Circular bearing No.HENINAYO/PR/719/2016-17, Dt: 29-8-2016, issued by 3rd respondent, the office of commissioner special, (Town Planning), Narasimharaja - 3 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 Circle,, Bengaluru-56002, produced at Annexure-E and the Demand Notice Dt:13/2/2019, bearing No.BBMP/Addl.Dir/JD South/0035/18-19, issued by 4th respondent, the office of the Joint Director, Town Planing (DA), BBMP, N. R. Circle, Bengaluru-560002, produced at Annexure-C, (b) Issue such writ in the nature of Mandamus directing the respondents not to insist/demand the petitioner for the payment of Ground rent for issuance approved paln in favour of petitioner in view of the Annexure-C. and grant such other reliefs; (c) declare that the BBMP has no authority to collect the taxes under the guise of collection of ground rent and other fee under various heads, without sanction by the Government; (d) declare that the ground rent levied on the petitioner for obtaining approved plan is bad in law, since the petitioner is not using the public land/property for stocking of building materials for construction purposes; (e) Pass such other orders including the order as to costs as this Hon'ble Court deems fit to grant under 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. - 4 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 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 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 - 5 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 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 13.02.2019 issued by respondent No.4 as per Annexure-C is hereby set- aside. iii. Respondent- BBMP is hereby directed to issue fresh/modified plan as the case may be. iv. Respondent- BBMP is hereby directed to forthwith process the petitioner's application seeking building license and sanction of the building plan, strictly in accordance with law. - 6 - HC-KAR NC: 2025:KHC:26297 WP No. 8452 of 2019 v. It is made clear that the issuance of the building license and approval 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 subjected to the outcome of any appeal that may be filed by the BBMP against the judgment. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE KAV List No.: 2 Sl No.: 2