Writ Petition No. 13653 of 2020 · The High Court
Case Details
- 1 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.13653 OF 2020 (LB-BMP) BETWEEN: 1. SRI. H N SATISH S/O H B NAGARAJA AGED ABOUT 43 YEARS RESIDING AT VINAYANAGAR HAGADUR VILLAGE K R PURAM HOBLI BENGALURU - 560 066 2. SRI.H.P BHEEMA RAJ S/O PATEL PILLANNA AGED ABOUT 67 YEARS RESIDING AT AJJAGONDANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSKOTE TALUK BANGALORE RURAL DISTRICT Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA PETITIONER NOS.1 AND 2 REPRESENTED BY THEIR GPA HOLDER M/S SPRING SEAS BDK DEVELOPERS BY ITS PARTNER MRS.LAVANYA NESANOOR W/O NOWRAJA NESANOOR AGED ABOUT 41 YEARS 3. M/S SPRING SEAS BDK DEVELOPERS
Legal Reasoning
A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.S-13 SILVER SPRING LAYOUT SPACE GARDEN COMPOUND HAL - VARTHUR MAIN ROAD MARATHAHALLI BENGALURU - 560 037 - 2 - NC: 2025:KHC:20509 WP No. 13653 of 2020 …PETITIONERS HC-KAR REPRESENTED BY ITS PARTNER MRS. LAVANYA NESANOOR W/O NOWRAJA NESANOOR AGED ABOUT 41 YEARS
Legal Reasoning
(BY SRI. B PRAMOD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR B.R.AMBEDKAR VEEDHI BANGALORE 560 001 REPRESENTED BY ITS SECRETARY 2. THE STATE OF KARNATAKA THE LABOUR DEPARTMENT VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE 560001 REPRESENTED BY ITS UNDER SECRETARY 3. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIKASA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE 560001 REPRESENTED BY ITS UNDER SECRETARY 4. BRUATH BANGALORE MAHANAGAR PALIKE N R SQUARE BANGALORE - 560002 REPRESENTED BY ITS COMMISSIONER 5. THE ASSISTANT DIRECTOR TOWN PLANNING (MAHADEVAPURA) MAHADEVAPURA DIVISION BRUATH BANGALORE MAHANAGARA PALIKE RHB COLONY - 3 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR WHITEFIELD MAIN ROAD BANGALORE - 560 048 …RESPONDENTS (BY SMT. SPOORTHY V, HCGP FOR R1-R3 SMT.SINCHANA M R., ADVOCATE FOR R4 AND R5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANING ACT 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO.23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT 1998 AS CONTAINED IN ANNXURE-H1 IN SO FAR SECTION 18-A(i) AND (iv) OF THE KARNATAKA ACT NO.23 OF 2004 IS 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 The petitioners are seeking for the following reliefs. "i) Grant an order, direction or writ in the nature of Certiorari quashing Section 18-a of the Karnataka Town and Country Planning Act 1961 brought into effect by Karnataka Act no.23 of 2004 (Karnataka Town And Country Planning (Amendment) Act 1998 as contained in Annxure-H1 in so far Section 18-A(i) and (iv) of the Karnataka Act no.23 of 2004 is concerned. - 4 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR ii) Quash the Notification issued by the respondent No.1 bearing No.UDD 3 TTP 2015 dated 25.2.2020 as contained in Annexure-H insofar as the inserted Rule 37-A and 37-C is concerned. iii) Quash the circular dated 4.9.2015, bearing No. Heninayo/JD(N)/DM3/PR/320/2015-16 issued by the respondent No.4 (Annexure-F) in so far the petitioner are concerned. iv) Quash the circular dated 14.8.2020, bearing No. He. Ni.Ka.Pa.Ko/P.R/320/2020-21 issued by the R-4 Annexure-J in so far the petitioners are concerned. v) Quash the government order bearing No.LD/300/ LET/2006 dated18.1.2007 and the corrigendum order bearing No.LD/300/LET/2006, dated 28.2.2007 issued by the R-2 mandating upfront collection of labour welfare cess Annexure-G in so far the petitioner is concerned. vi) quash the demand notice dated.12.10.2020, bearing LP No. BBMP/Ad.Com/MDP/219/2020-21, issued by the R-5 Annexure-E for demanding in so far it is concerned to 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, Surcharge for formation outer ring road, Cess for improvement of slum Surcharge for mass rapid transport system labour cess and etc as illegal without jurisdiction and arbitrary. - 5 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR vii) Direct the R-4 and 5 BBMP to issue the modified sanction plan with respect to 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, Surcharge for formation outer ring road cess for improvement of slum Surcharge for mass rapid transport system Labour cess and etc." 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. 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. - 6 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR 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 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 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR 7. Accordingly, this Court proceeds to pass the following:
Decision
ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 12.10.2020 issued by respondent No.5 as per Annexure-E is hereby set-aside. (iii) Respondent Nos.4 and 5 are hereby directed to issue modified/fresh sanction plan as the case may be. (iv) Respondent Nos.4 and 5 are hereby directed to forthwith process the petitioners' applications seeking building license and sanction of the building plan/occupancy certificate, 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. (vi) If the building license and sanction plan are issued, the same shall be subjected - 8 - NC: 2025:KHC:20509 WP No. 13653 of 2020 HC-KAR 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 NBM List No.: 2 Sl No.: 5