Writ Petition No. 26075 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.26075 OF 2022 (LB-BMP) BETWEEN: M/S DHARIWAL LIFE SPACES PVT LTD OFFICE AT MANIKCHAND HOUSE FINAL PLOT NO 2,3 AND 4, SINGASANDRA VILLAGE, HOSUR ROAD, BANGALORE - 560 068 REP BY ITS MANAGING DIRECTOR MR PRAKASH RASHIKLAL DHARIWAL REP BY GP AHOLDER M/S SHANKESHWAR LAND MARK LLP NO 110/2, 1ST FLOOR, LALBAGH MAIN ROAD KRISHNAPPA COMPOUND BANGALORE – 560 027. REP BY ITS DIRECTOR SRI MAHAVEER SHANKERLAL MEHTA Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA …PETITIONER (BY SRI. MANJUNATHA S.V, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER, N.R.SQUARE, BANGALORE – 560 002. - 2 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR 2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY 4TH FLOOR, VIKAS SOUDHA DR AMBEDKAR VEEDHI, BANGALORE - 560 001 3. JOINT DIRECTOR TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE – 560 002. 4. STATE OF KARNATAKA DEPARTMENT OF LABOUR, REPRESENTED BY ITS PRINCIPAL SECRETARY 4TH FLOOR, VIKAS SOUDHA DR AMBEDKAR VEEDHI, BANGALORE - 560 001
Legal Reasoning
(BY SRI. PAWAN KUMAR, ADV., FOR R1 & R3(VK NOT FILED); SRI. H.K. KENCHEGOWDA, AGA FOR R2 AND R4) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE BYELAWS NO. 3.9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES AND 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 Petitioners in the captioned petition have sought the following reliefs: - 3 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR i. Issue a writ of certiorari or any other appropriate writ of like nature or direction, declaring the Byelaws No. 3.9 of the Bangalore Mahanagara Palike Building Bye-Laws 2003 as unconstitutional, illegal and ultra vires. ii. Issue a writ or certiorari or any other appropriate writ of like nature, or direction quashing the demand notice dated 23.12.2022 bearing No.BBMP/Ad.Dir/JD South/0044/19-20 issued by R3 demanding payment of Rs.70,08,924/- (Rupees Seventy Lakhs Eight Thousand Nine Hundred And Twenty Four Only) towards ground rent and Rs.89,13,546/-(Rupees Eighty Nine Lakhs Thirteen Thousand Five Hundred And Forty Six Only) and other charges referred therein at Annexure- A. iii. Grant such other and further relief/s as this Hon’ble Court deems fit in the facts and circumstances of the case in the interests 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 Municipal Corporations and Certain Other Law - 4 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR (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 - 5 - NC: 2025:KHC:21319 WP No. 26075 of 2022 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 - 6 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR 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. Importantly, it was also held that if a fee has been previously collected for change of land use or approval of - 7 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR 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 the issue, which is raised in the captioned writ petition, the - 8 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR 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. The writ petition is allowed. ii. The impugned demand notice dated 23.12.2022 issued by respondent No.3 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 Nos.1 and 3 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. - 9 - NC: 2025:KHC:21319 WP No. 26075 of 2022 HC-KAR vi. If the building licence 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 PB List No.: 2 Sl No.: 26