Writ Petition No. 621 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.621 OF 2021 (LB-BMP) BETWEEN: SMT. SUSHEELAMMA AGED 69 YEARS, W/O LATE B NARAYANAPPA NO. 1161/5236/1 GOTTIGERE WARD NO.194, BANGALORE - 560 103. …PETITIONER Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA (BY SRI. VIVEKANANDA T P., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA DR AMBEDKAR VEEDHI BANGALORE - 560 001. 2. THE BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE - 560 002 REPRESENTED BY ITS COMMISSIONER. 3. THE JOINT DIRECTOR TOWN PLANNING (SOUTH) - 2 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE - 560 002.
Legal Reasoning
(BY SMT. SPOORTHY.V, HCGP FOR R1; SRI.B.SKARTHIKEYAN FOR R2 AND R3) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE DEMAND NOTICE DTD 15.12.2020 VIDE ANNX-D ONLY IN SO FAR AS THE DEMAND OF RS.8,31,875/- TOWARDS GROUND RENT, RS.1,49,737/- TOWARDS GST AT 18 PERCENT ON THE GROUND RENT, RS.83,187,/- TOWARD SCRUTINY FEE, RS.5,95,888/- TOWARDS BWSSB CHARGES, RS.5,95,888/- TOWARDS RING ROAD CESS, RS.2,97,944/- TOWARDS IMPROVEMENT OF SLUMS, RS.14,89,719/- TOWARDS MRTS SURCHARGE ARE CONCERNED AND ETC., THIS 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 Petitioner in the captioned petition has sought the following reliefs: i. Issue a writ of certiorari or similar writ or order or direction to quash the demand notice No.BBMP/Addl.Dir/J SOUTH/LP/0136/12013 dated 15.12.2020 at Annexure -D only in so far as the demand of Rs.8,31,875/- towards ground rent, Rs. 1,49,737/- towards GST at 18% on the ground towards Scrutiny Fee, Rs.5,95,888/- towards BWSSB charges, Rs.5,95,888/- towards Ring Road Cess, Rs.2,97,944/-towards rent, Rs.83,187/- - 3 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR Improvement of slums, Rs.14,89,719/- towards MRIS surcharge are concerned; ii. iii. Issue a writ of Mandamus or any other appropriate writ or order or direction declaring that Bye-law No.3.9 in the Bangalore Mahanagara Palike Building Bye-laws, 2003 as unconstitutional, arbitrary, illegal and ultravires; 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 1 Respondent at Annexure-F in so far as 18-A() and (iv) of Karnataka Act No.23 of 2004 is concerned; iv. Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the Ist Respondent bearing No. UDD 3 TIP 2015dated 25.02.2020 as contained in ANNEXURE-G in so far as the amended Rule 37-A and Rule 37 C are concerned; v. vi. Issue writ of mandamus or similar writ or order or direction directing the respondent Nos.2 and 3 to issue building plan and license pursuant to the demand notice dated No.BBMP/Addl.Dir/JD 15.12.2020 at Annexure–D without insisting for payment of aforesaid demands; SOUTH/LP/0136/12013 Issue any other appropriate writ or order or direction as deemed fit in the circumstances of the case, in the interest of justice and equity. 2. It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench in the reported judgment in W.P.No.23086/2022 and connected matters. The Co-ordinate Bench, while - 4 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024). Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under; "ORDER
Decision
(i) The writ petitions are partly allowed. (ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside. (iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside. (iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only in respect of ‘Development Plan’ containing the proposal for construction on plots measuring - 5 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters. (v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority Rules, 1965. (vi) It is hereby declared that the linking of the fee leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965, to the ‘market value’ or ‘guidance value’ as determined under Section 45-B of the Karnataka Stamp Act, 1957, is illegal. However, liberty is reserved to the respondent-State Government and the BBMP to re-fix a standard after collecting empherical data. (vii) Consequently, all the impugned Circulars which seek to give effect to the Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are hereby quashed and set aside. (viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003, providing for ‘Ground Rent’, is illegal and are accordingly quashed and set aside. (ix) Consequently, all the impugned Demand Notices raised by the respondent-BBMP, in respect of the writ petitioners herein are also - 6 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR quashed and set aside. It would be advisable that the BBMP may come out with a scheme for ‘One Time Settlement’ and settle the levy and collect the fee generally acceptable to the citizens of Bengaluru. This would also augment the present situation." 3. In the present writ petition, the core issue raised stands substantially covered and decided by the authoritative pronouncement of the coordinate bench, wherein the writ petitions were partly allowed and several consequential reliefs were granted. The Hon’ble Court, in unequivocal terms, quashed and set aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Acts of 2021 and 2023 (Karnataka Act Nos.01 of 2022 and 37 of 2024 respectively). 4. The Court further declared that the provisions under Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only to development proposals concerning plots exceeding 20,000 square meters, and not to smaller plots. - 7 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR Importantly, it was also held that if a fee has been previously collected for change of land use or approval of layout plan, no further fee shall be levied for subsequent development plans, in view of the explanatory 'Note' to Table I of Rule 37-A. 5. The Court declared illegal the linkage of such levies to market or guidance value under Section 45-B of the Karnataka Stamp Act, and consequently, quashed all Circulars and demand notices issued to give effect to such unlawful interpretations. Clause 3.8 of the BBMP Building Bye-laws, 2003, imposing 'Ground Rent', was also struck down. 6. In view of these comprehensive declarations and findings, it is submitted that the controversy raised in the present writ petition no longer survives for adjudication independently, as it is squarely covered by the binding judgment of the coordinate bench. In the light of the law laid down in the reported judgment, substantially covering - 8 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR the issue, which is raised in the captioned writ petition, the writ petition is liable to be allowed strictly aligning to the operative portion of the said writ petition. 7. In view of the above, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 15.12.2020 issued by respondent No.3 as per Annexure-D is hereby set-aside. (iii) Respondent Nos.2 and 3 are hereby directed to issue fresh/modified plan as the case may be. (iii) Respondent Nos. 2 and 3 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 Nos.2 and 3 are hereby directed to forthwith process the - 9 - NC: 2025:KHC:21300 WP No. 621 of 2021 HC-KAR petitioner's application seeking building license, sanction of the building plan and occupancy certificate, strictly in accordance with law. (v) It is made clear that the issuance of the building license, approval plan and 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 building licence, sanction plan and occupancy certificate 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 PB List No.: 2 Sl No.: 6