Writ Petition No. 3987 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3987 OF 2023 (LB-BMP) BETWEEN: SRI D MUNIYELLAPPA AGED ABOUT 69 YEARS, S/O LATE DASAPPA, R/AT HORAMAVU VILLAGE AND POST, K.R.PURAM HOBLI, BENGALURU - 560 043. (BY SRI. SRINIVASA G S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. …PETITIONER Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU - 560002. REP BY ITS COMMISSIONER 3. THE ASSISTANT DIRECTOR TOWN PLANNING (MAHADEVAPURA), BRUHAT BENGALURU MAHANAGARA PALIKE, RHB COLONY, WHITEFIELD MAIN ROAD, BENGALURU - 560048.
Legal Reasoning
(BY SRI.BOPANNA.B .,AGA FOR R-1; SRI.B.L.SANJEEV., ADVOCATE FOR R-2 & R-3) …RESPONDENTS - 2 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR OF RENT RS.13,33,898/- THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE NO. BBMP/ADDL..COM./MDP/0698/22-23 DATED NIL AT ANNEXURE-C ISSUED BY THE R-3 IN SO FAR AS THE GROUND FEE RS.14,38,719/- FEE U/S 18 OF KTCP ACT 1961 (BETTERMENT FEES) BUILDING OF RS.6,11,700/- FEE U/S 18 OF KTCP ACT 1961 (BETTERMENT FEES) SITE AREA OF RS.40,11,420/- SECURITY DEPOSIT OF RS.6,11,659/- MASS RAPID TRANSPORT SYSTEM (BDA) OF RS.21,95,982/- AND LABOUR CESS OF RS.11,19,411/- IN FAVOUR OF KARNATAKA STATE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE BOARD. LICENCE THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is seeking for the following reliefs: i) Issue a Writ of Certiorari or similar writ or order or direction to quash the demand notice No. BBMP/Addl..Com. /MDP/ 0698/ 22-23 dated NIL. at ANNEXURE - C issued by the Respondent No.3 in so far as the Ground Rent of Rs. 13,33,898/-, Licence fee Rs. 14,38,719/-, u/s 18 of KTCP Act 1961 (Betterment Fees) Building of Rs.6.11,700/- Fee u/s 18 of KTCP Act - 3 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR 1961 (Betterment Fees) Site Area of Rs.40,11,420/-, Security Deposit of Rs.6,11,659/-, Mass Rapid Transport System (BDA) of Rs.21,95,982/- and Labour Cess of Rs. 11,19,411/- in favour of Karnataka State Building and other construction workers welfare Board: ii) Issue Writ of mandamus or similar Writ or order or direction directing the Respondent Nos.2 and 3 to issue building plan and license without insisting for payment of demands stated above. iii) Issue any other appropriate Writ or order or direction 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 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 - 4 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR 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; i) ii) "ORDER
Decision
The writ petitions are partly allowed. 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. - 5 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR 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:21886 WP No. 3987 of 2023 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:21886 WP No. 3987 of 2023 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:21886 WP No. 3987 of 2023 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) ii) The writ petition is allowed. The impugned demand notice dated NIL issued by respondent No.3 as per Annexure-C is hereby set-aside. iii) Respondent- BBMP 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. v) It is made clear that the issuance of the building license and approval plan - 9 - NC: 2025:KHC:21886 WP No. 3987 of 2023 HC-KAR 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 GSS List No.: 2 Sl No.: 12