Writ Petition No. 13378 of 2020 · The High Court
Case Details
- 1 - NC: 2025:KHC:21472 WP No. 13378 of 2020 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.13378 OF 2020 (LB-BMP) BETWEEN: KEPPEL PURAVANKARA DEVELOPMENT PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 21/30 PRESTIGE CRAIG HOUSE 3RD FLOOR, CRAIG PARK LAYOUT M.G.ROAD, BENGALURU-566 043 REPRESENTED BY ITS DIRECTOR MR.ASHISH PURAVANKARA (BY SRI JOSEPH ANTHONY, ADVOCATE) AND: …PETITIONER Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY THE CHIEF SECRETARY 2. THE DEPARTMENT OF LABOUR VIKASA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY ITS UNDER SECRETARY - 2 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR 3. THE 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 HUDSON CIRCLE BENGALURU-560 027 REPRESENTED BY THE COMMISSIONER 5. JOINT DIRECTOR (TOWN PLANNING-SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.CIRCLE BENGALURU-560 002
Legal Reasoning
(BY SMT.SPOORTHY V., HCGP FOR R-1 TO R-3; SMT.SINCHANA M.R., ADVOCATE FOR R-4 & R-5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTITON OF INDIA PRAYING TO QUASH BYE-LAW 3.9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE- LAWS, 2003 AS UNCONSTITUTIONAL, ARBITRARY, ILLEGAL AND ULTRA-VIRES IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR ORAL ORDER The petitioner is seeking for the following reliefs: "a) Grant an order, direction or writ in the nature of Certiorari quashing Bye-Law 3.9 of the Bangalore Mahanagara Palike Building Bye- Laws, 2003 as unconstitutional, arbitrary, illegal and ultra-vires, in the interest of justice and equity; b) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the Respondent No. 2 bearing No. UDD 3 TPP 2015 dated February 25, 2020 (Annexure-E) insofar as the inserted Rules 37-A and 37-C are concerned; c) Grant an order, direction or writ in the nature of Certiorari quashing the circular dated August 14, 2020, bearing No.He.Ni.Ka.Pa.Ko/P.R/320/ 2020-21 issued by the Respondent No.4 (Annexure-F) in so far the Petitioners are concerned. d) Grant an order, direction or writ in the nature of Certiorari quashing the Government Order bearing No. LD/300/LET/2006 dated January 18, 2007 (Annexure G) and the corrigendum - 4 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR order bearing No. LD/300/LET/2006, dated February 28, 2007 (Annexure H) issued by the Respondent No. 2 mandating upfront collection of labour welfare cess in so far the Petitioners are concerned e) Grant an order, direction or writ in the nature of Certiorari quashing the Circular bearing No. He. Ni.Na.Yo/JD(N)/DM3/PR/320/2015-16 dated September 04, 2015 (Annexure J) issued by the Respondent No.2 is so far as levy and collection of "Licence Fee'; f) Grant a Writ or order or direction, in the nature of Certiorari, quashing the Impugned Demand Notice bearing BBMP/Addl.Dir/JD SOUTH/LP/0001/20-21 dated November 11, 2020 by the Respondent No. 5 (Annexure A) as regards the demand made for:- • Ground Rent at Serial No. 1; • GST at Serial No. 2; • License Fee at Serial No. 3; • Scrutiny Fee at Serial No. 4; • Betterment Fees for Building at Serial No. 6; • Security Deposit at Serial No. 7; • Service Charge on Labour Cess at Serial No. 10; - 5 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR • Levy and Collection of 5% surcharge to be paid to BBMP at Serial No. 12; • Levy and Collection of surcharge to be paid to BWSSB, BDA and KSCB at Serial No. 13; and • Labour Cess g) Grant an order, direction or writ in the nature of Mandamus directing the Respondent Nos. 4 and 5 BBMP to issue the sanction plan for construction of the Project in the Property, without insisting payment of Ground Rent, GST on Ground Rent, Betterment Charges for Building, Betterment Charges for Site, Security Deposit, License fee, 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 h) Grant such other reliefs as this Hon'ble Court deems fit in the above circumstances of the case, in the interests 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 - 6 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR 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 and 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. 3. The issues raised in the present writ petition are squarely covered by the above binding decisions, wherein - 7 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR 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:
Decision
ORDER i) The writ petition is allowed. ii) The impugned demand notice dated 11.11.2020 issued by respondent No.5 as per Annexure-A is hereby set-aside. 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 - 8 - NC: 2025:KHC:21472 WP No. 13378 of 2020 HC-KAR 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. Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GSS List No.: 2 Sl No.: 5