Karnataka High Court
Sri M Chandra Reddy vs The State Of Karnataka on 23 June, 2025
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WP No. 4514 of 2021
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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.4514 OF 2021 (LB-BMP)
BETWEEN:
1. SRI M CHANDRA REDDY
S/O MUNISWAMY REDDY
AGED ABOUT 71 YEARS
RESIDING AT NO.2491
1ST FLOOR, 17TH MAIN ROAD
HAL 2ND STAGE,
BANGALORE-560 008.
...PETITIONER
(BY SRI. B PRAMOD, ADVOCATE)
AND:
Digitally
signed by H 1.
K HEMA THE STATE OF KARNATAKA
Location: THE URBAN DEVELOPMENT DEPARTMENT
HIGH VIKASA SOUDHA
COURT OF DR. B R AMBEDKAR VEEDHI
KARNATAKA
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA
THE LABOUR DEPARTMENT
VIKASA SOUDHA
DR. B R AMBEDKAR VEEDHI
BANGALORE-560 001
REPRESENTED BY ITS UNDER SECRETARY.
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3. THE STATE OF KARNATAKA
DEPARTMENT OF PARLIAMENTARY
AFFAIRS AND LEGISLATION
VIKASA SOUDHA
DR. B R AMBEDKAR VEEDHI
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY.
4. BRUHATH BANGALORE MAHANAGAR PALIKE
N R SQUARE
BANGALORE-560002
REPRESENTED BY ITS COMMISSIONER.
5. THE ASSISTANT DIRECTOR
TOWN PLANNING-(MAHADEVAPURA)
BRUHATH BANGALORE MAHANAGARA PALIKE
RHB COLONY, WHITFIELD MAIN ROAD
BANGALORE-560 048.
...RESPONDENTS
(BY SMT. SPOORTHY V., HCGP FOR R.1 & R.2;
SRI. V.G. BHANUPRAKAH, ADVOCATE FOR R.4 & R.5.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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(1)
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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(1) 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
the 1st Respondent bearing No. UDD 3 TTP
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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 Petitioner is
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 Petitioner is 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 Petitioner is concerned.
vi) issue a writ or order by way of certiorari
quashing the demand notice dated
03/02/2021, bearing No.BBMP/Ad.Com/MDP
/0318/2020-21, issued by the Respondent
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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 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., and
viii) pass any such other order(s) as this Hon'ble
Court deems fit in the facts and circumstances
of the case in the interest of justice and
equity."
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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 Shettyand 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. Similarly, in M/s Sapthagiri Sheltersand
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 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 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
VMB
