Writ Petition No. 3081 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3081 OF 2025 (LB-BMP) …PETITIONER BETWEEN: SRI V SRINIVASA RAJU S/O VARADARAJU AGED ABOUT 69 YEARS, R/AT NO.12, 10TH MAIN ROAD, R M V EXTENSION, SADASHIVANAGAR BENGALURU - 560080 (BY SRI. RAJATH H V., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS SECRETARY VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE - 560001. 2. THE DEPARTMENT OF LABOUR REPRESENTED BY ITS SECREATRY VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560001. 3. THE STATE OF KARNATAKA DEPT OF PARLIMENTARY AFFAIRS, AND LEGISLATION REPRESENTED BY ITS SECRETARY Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560001. 4. BANGALORE BRUHATH MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSONER NR SQUARE, BANGALORE - 560002. 5. ASSISTANT DIRECTOR TOWN PLANNING BRUHATH BENGALURU MAHANAGARA PALIKE, YELAHANKA ROOM NO.2, AMRUTHAHALLI MAIN ROAD, BYTARAYANAPURA, BELLARY ROAD BANGALORE - 560092 …RESPONDENTS
Legal Reasoning
(BY SRI.H.K.KENCHEGOWDA., AGA FOR R1 TO R3 SRI. K.B.MONESH KUMAR., ADVOCATE FOR R4 & R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SECTIONS 240A AND 240C INSERTED BY WAY OF AMENDMENT TO THE BBMP ACT VIDE KARNATAKA ORDINANCE NO. 8 OF 2021 UNCONSTITUTIONAL. IN SO FAR AS PETITIONER IS CONCERN.DIRECTION OF SIMILAR NATURE QUASHING THE OFFICER ORDER DATED 9.12.2021 ISSUED BY RESPONDENT NO. 4 PRODUCED AT ANNEXURE- C UNCONSTITUTIONAL VIDE HE.NI.NA.YO/PR/461/2021-22 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: a. Issue a writ in the nature of a declaration or any other writ, order, direction of similar nature declaring Sections 240A and 240C inserted by way of Amendment to the BBMP act vide Karnataka Ordinance no. 8 of 2021 unconstitutional; in so far as petitioner is concern. b. Issue a writ in the nature of a declaration or any other writ, order, direction of similar nature quashing the officer order dated 9.12.2021 issued by respondent No.4 produced at Annexure- C unconstitutional. Vide he.ni.na.yo/pr/461/2021-22 in so far as petitioner is concern. c. Issue a writ in the nature of a declaration or any other similar writ, order or direction declaring that Section 18-A of Karnataka Town and Country Planning Act, 1961 Annexure-E as unconstitutional in so far as petitioner is concern. - 4 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR d. Issue a writ in the nature of a declaration or any other similar writ, order, direction declaring that amendment to Rule 37-A and 37-C of Karnataka Planning Authority Rules issued by Respondent No.1 vide No.UDD 3TTP 2015 dated 25.02.2020 is ultra vires and unconstitutional; Annexure-D, in so far as petitioner is concern. e. Issue a writ in the nature of a declaration or any other similar writ, order, direction declaring that Circular dated 14.8.2020 issued by Respondent No.4 bearing number He.Ne.Ka.Pa.Ko./320/2020-21 at Annexure-F is illegal and unconstitutional, in so far as petitioner is concern. f. Issue a writ in the nature of a declaration or any other similar writ, order, direction quashing Demand Note vide L.P.No.BBMP/Ad.Com/YLK/1435/23- 24 issued by respondent No.5 produced at Annexure- B insofar it is concerned to ground rent, gst on ground rent, betterment charges for building, betterment charges for site, excess security deposit, received license fee, revised scrutiny fee, cess for water supply scheme, surcharges for formation outer ring road, cess for improvement of slum, surcharges - 5 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR for mass rapid transport system, labour cess and etc., as illegal, without jurisdiction and arbitrary. g. 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, surcharges for formation outer ring road, cess for improvement of slum surcharge for mass rapid transport system, labour cess and etc., h. Pass any such other orders as this Hon’ble court deems fit in the fact and 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 deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, - 6 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR 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 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 - 7 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR 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 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." - 8 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR 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. 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 - 9 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR 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 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. - 10 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR 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 bearing No.PRJ/15639/23-24 issued by respondent No.5 as per Annexure-B is hereby set-aside. (iii) Respondent No.4 and 5 is hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent No.4 and 5 are hereby 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 plan shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment. - 11 - NC: 2025:KHC:20951 WP No. 3081 of 2025 HC-KAR (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 KLY