Writ Petition No. 15002 of 2020 · The High Court
Case Details
- 1 - NC: 2025:KHC:21883 WP No. 15002 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.15002 OF 2020 (LB-BMP) BETWEEN: YELAHANKA NEW TOWN MUSLIM WELFARE ASSOCIATIOH TRUST (REGD) C.A. SITE NO.7, A SECTOR YELAHANKA NEW TOWN BENGALURU- 560 064 REP. BY ITS MANAGING TRUSTEE SRI NUSRATH PASHA (BY SRI. VIVEKANANDA T P.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY URBAN DEVELOPMETN DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU - 560 001 2. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BENGALURU -560 001 REP. BY ITS SECRETARY Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA …PETITIONER 3. THE BRUHAT BANGALROE MAHANAGARA PALIKE N R SQUARE BENGALURU -560 002 REP. BY ITS COMMISSIONER - 2 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR 4. THE ASSISTANT DIRECTOR TOWN PLANNING (YELAHANKA) BRUHATH BANGALORE MAHANAGARA PALIKE AMRUTHAHALLI MAIN ROAD, BYATARAYANAPURA BELLARY ROAD, BENGALURU -560 092
Legal Reasoning
(BY SRI.BOPANNA B., AGA FOR R-1 & R-2; SRI.B.L.SANJEEV, ADVOCATE FOR R-3) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD.18.08.2020 AT ANNEXURE-D ISSUED BY THE R-4 IN SO FAR AS THE DEMAND OF RS.24,390/- TOWARDS SCRUTINY FEE, RS.4,87,809/- TOWARDS LICENSE FEE, RS.4,52,268/- TOWARDS GROUND RENT AND GST, RS.19,292/- ETC., THIS PETITION, COMING ON FOR ORDERS, 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/Ad.Com./YLK/0017/20-21 dated nil signed on 18.08.2020 at Annexure-D issued by the respondent No.4 only in so far as the demand of Rs.24,390/-towards Scrutiny Fee, Rs.4,87,809/- towards License Fee, Rs.4,52,268/- towards Ground Rent and GST, Rs.19,292/- - 3 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR towards betterment fee for building, Rs.3,13,584/- towards betterment fee towards site as per section 18 of KTCP Act, Rs. 1,92,920/- towards security deposit, Rs.2,88,000/- towards Labour cess, and demand notice No.ADTP/YZ/LP/0017/2020-21 dated 1.9.2020 at Annexure-E issued by the 4th respondent demanding a sum of Rs.39,49,414/- towards surcharge of Rs.7,55,157/- towards water supply scheme (BWSSB), Rs.7,55,157/- towards Ring Road(BDA), Rs.3,77,579/- towards improving slums (KSCB), Rs. 18,87,893/- towards Mass Rapid Transport System(BDA), are concerned; ii) Issue a writ of Mandamus or any other appropriate writ of 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; iii) Issue Writ of Certiorari quashing the Government Order issued by the 2nd Respondent bearing G.O.No.LD 300 LET 2006 dated 18.01.2007 and the corrigendum bearing No. LD 300 LET 2006 dated 28.02.2007 directing upfront collection of labour welfare cess, as contained in ANNEXURE-F iv) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of - 4 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-H in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned. v) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the Ist Respondent bearing No. UDD 3 TPP 2015 dated 25.02.2020 as contained in ANNEXURE-J in so far as the amended Rule 37-A and Rule 37-C are concerned, vi) Issue writ of mandamus or similar writ or order or direction directing the respondent Nos. 3 and 4 to issue building plan and license pursuant to the demand notice No.BBMP/Ad.Com./YLK/0017/20- 21 dated nil signed on 18.08.2020 at Annexure-D issued by the respondent No.4 and demand Notice No.ADTP/YZ/LP/0017/2020-21 dated 1.9.2020 at Annexure-E issued by the 4th respondent without insisting for payment of aforesaid demands. vii) 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. - 5 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR 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. 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 - 6 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR 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 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. Accordingly, this Court proceeds to pass the following: i) ii)
Decision
ORDER The writ petition is allowed. The impugned demand notices dated NIL and 01.09.2020 issued by respondent No.4 as per Annexure-D & E respectively are hereby set-aside. - 7 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR 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 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. - 8 - NC: 2025:KHC:21883 WP No. 15002 of 2020 HC-KAR Pending applications, if any, are also disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GSS List No.: 2 Sl No.: 16