Karnataka High Court
Dr K M Suresh vs The State Of Karnataka on 23 June, 2025
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WP No. 4881 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.4881 OF 2021 (LB-BMP)
BETWEEN:
1. DR. K M SURESH
S/O SRI MARILINGE GOWDA
AGED ABOUT 48 YEARS,
2. SMT. LEPAKSHI N
W/O DR. K M SURESH
AGED ABOUT 38 YEARS,
BOTH ARE RESIDING AT NO.1, 20TH MAIN
MARENAHALLI ROAD, VIJAYANAGAR
BANGALORE 560 040.
...PETITIONERS
Digitally (BY SRI. B PRAMOD, ADVOCATE)
signed by H
K HEMA AND:
Location:
HIGH
COURT OF 1. THE STATE OF KARNATAKA
KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDAH
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA
THE LABOUR DEPARTMENT
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VIKASA SOUDAH
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE 5600001
REPRESENTED BY ITS UNDER SECRETARY.
3. THE STATE OF KARNATAKA
DEPARTMENT OF PARLIAMENTARY AFFAIRS AND
LEGISLATION
VIKASA SOUDHA, DR. B.R AMBEDKAR VEEDHI,
BANGALORE 560 001
RERPESENTED BY ITS SECRETARY.
4. BRUHATH BANGALORE MAHANAGAR PALIKE
N R SQUARE
BANGALORE 560002
REPRESENTED BY ITS COMMISSIONER.
5. THE ASSISTANT DIRECTOR
TOWN PLANNING - (SOUTH)
BRUHAT BANGALORE MAHANGARA PALIKE
BBMP COMPLEX, 9TH CROSS
9TH MAIN ROAD, JAYANAGAR
2ND BLOCK, BANGALORE-560 011.
...RESPONDENTS
(BY SMT. SPOORTHY V., HCGP FOR R.1 & R.2;
SRI V.G. BHANUPRAKASH, ADVOCATE FOR R.4 & R.5.)
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 & COUNTRY
PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA
ACT NO.23 OF 2004 (KARNATAKA TOWN & COUNTRY
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PLANNING (AMENDMENT) ACT, 1998) AS CONTAINED IN
ANNEXURE-G1 INSOFAR AS SECTION 18-A(I) AND (IV) OF THE
KARNATAKA ACT NO.23 OF 2004 IS CONCERNED; 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 captioned petition is filed seeking for the
following reliefs:
"WHEREFORE, it is respectfully prayed that this
Hon'ble Court may be pleased to:
i) grant an order, direction or writ in the nature
of Certiorari quashing Section 18-A of the
Karnataka Town & Country Planning Act, 1961
brought into effect by Karnataka Act No. 23 of
2004 (Karnataka Town & Country Planning
(Amendment) Act, 1998) as contained in
ANNEXURE-G1 insofar as Section 18-A(i) and
(iv) of the Karnataka Act No. 23 of 2004 is
concerned;
ii) Grant an order, direction or writ in the nature
of Certiorari quashing the Notification issued by
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the 1st Respondent bearing No. UDD 3 TTP
2015 dated 25/02/2020 as contained in
ANNEXURE-G insofar as the inserted Rule 37-
A and 37-C is concerned;
iii) issue a writ or order by way of certiorari
quashing the circular dated 04/09/2015,
bearing No. Heninayo/JD(N)/DM3/PR
/320/2015-16 issued by the Respondent No.4
(Annexure-E) in so far the Petitioners are
concerned.
iv) issue a writ or order by way of certiorari
quashing the circular dated 14/08/2020,
bearing No. He.Ni.Ka.Pa.Ko/P.R/320/2020-21
issued by the Respondent No.4 (Annexure-H)
in so far the Petitioners are concerned.
v) issue a writ or order by way of certiorari
quashing the Government order bearing
No.LD/300/LET/2006 dated 18/01/2007 and
the corrigendum order bearing No.LD/300/LET
/2006, dated 28/02/2007 issued by the
Respondent No.2 mandating upfront collection
of labour welfare. cess (Annexure-F) in so far
the Petitioners are concerned.
vi) Issue a writ or order by way of certiorari
quashing the demand notice dated 03/02/2021
bearing No.BBMP/Ad.Com/SUT/1208/20-21,
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issued by the Respondent No.5 (Annexure-D)
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.
vii) issue a writ or order or direction by way of
mandamus directing the Respondent No.4 and
5 BBMP to issue the sanction plan for
construction of the Building in 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.,
and
viii) pass any such other order(s) as this Hon'ble
Court deems fit in the facts and circumstances
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of the case in the interest 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
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
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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
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:
ORDER
(i) The writ petition is allowed.
(ii) The impugned demand notice dated
03.02.2021 issued by respondent No.5 as per
Annexure-D is hereby set-aside.
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(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.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
VMB
