Karnataka High Court
Sri K Babu vs The State Of Karnataka on 23 June, 2025
-1-
NC: 2025:KHC:21743
WP No. 347 of 2023
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.347 OF 2023 (LB-BMP)
BETWEEN:
1. SRI K BABU
S/O LATE KRISHNAPPA
AGED ABOUT 49 YEARS
RESIDING AT NO.57/2
1ST CROSS, 2ND MAIN
DOLLARS COLONY, 4TH PHASE
J.P. NAGAR, BANGALORE 560 078.
...PETITIONER
(BY SRI. SUDHAKAR G V., & SRI.B. PRAMOD, ADVOCATES)
AND:
Digitally 1. THE STATE OF KARNATAKA
signed by H
K HEMA THE URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA
Location:
HIGH DR. B.R. AMBEDKAR VEEDHI,
COURT OF BANGALORE-560 001
KARNATAKA REPRSENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA
DEPARTMENT OF PARLIAMENTARY AFFAIRS
AND LEGISLATION
VIKASA SOUDHA
DR. B.R AMBEDKAR VEEDHI,
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.
-2-
NC: 2025:KHC:21743
WP No. 347 of 2023
HC-KAR
3. BRUHAT BANGALORE MAHANAGAR PALIKE
N.R. SQUARE
BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER.
4. THE ASSISTANT DIRECTOR
TOWN PLANNING-(BOMMANAHALLI)
BRUHAT BANGALORE MAHANAGARA PALIKE
BEGUR MAIN ROAD, BOMMANAHALLI
BANGALORE-560 068.
...RESPONDENTS
(BY SRI. H.K. KENCHEGOWDA, AGA FOR R.1 & R.2;
SRI B L SANJEEV, ADVOCATE FOR R.3 & R.4.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE ENTIRE KARNATAKA MUNICIPAL
CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT)
ACT, 2021 (KARNATAKA ACT NO. 01 OF 2022) NOTIFIED ON
13/01/2022 (ANNEXURE-R) AS BEING ULTRA VIRES THE
CONSTITUTION IN SO FAR, THE PETITIONER IS CONCERNED
IN SO FAR, THE PETITIONER 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
-3-
NC: 2025:KHC:21743
WP No. 347 of 2023
HC-KAR
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 declaring that the entire
Karnataka Municipal Corporations and Certain
Other Law (Amendment) Act, 2021 (Karnataka
Act No. 01 of 2022) notified on 13/01/2022
(ANNEXURE-R) as being ultra vires the
Constitution in so far, the Petitioner is
concerned in so far, the Petitioner is
concerned.
ii) To declare that Karnataka Municipal
Corporations and Certain Other Law
of 2022) notified on 13/01/2022
(ANNEXURE-R) is in violation/contrary to the
decision of this Hon'ble Court in
W.P.No.4601/2020 (LB-BMP) which is at
Annexure-P.
iii) Grant an order, direction or writ in the nature
of certiorari quashing the Office Order No.
HaNiNaYo/PR/461/2021-22 dated 09/03/2022
NC: 2025:KHC:21743
HC-KAR
issued by Respondent No.3 as contained in
(ANNEXURE-S) in so far, the Petitioner is
concerned.
iv) 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-J) insofar as Section 18-A(i) and
(iv) of the 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 1st Respondent bearing No. UDD 3 TTP
2015 dated 25/02/2020 as contained in
(ANNEXURE-H) insofar as the inserted Rule
37-A and 37-C is concerned;
vi) 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.3 (Annexure-K)
in so far the Petitioner is concerned.
vii) Grant an order, direction or writ in the nature
of Certiorari quashing the Notification issued by
the 1st Respondent bearing No. UDD 23 TTP
NC: 2025:KHC:21743
HC-KAR
2020 (E) dated 21/06/2021 as contained in
(ANNEXURE-L) insofar as the inserted Rule
37-A and 37-C is concerned;
viii) issue a writ or order by way of certiorari
quashing the circular dated 24/06/2021,
bearing No. He.Ni.Na.Yo/P.R/320/2021-22
issued by the Respondent No.3 (Annexure-M)
in so far the Petitioner is concerned.
ix) issue a writ or order by way of certiorari
quashing the demand notice dated
23/12/2022, bearing No.BBMP/Ad.Com/BMH/
1057-2022-23, issued by the Respondent No.4
(Annexure-D) for demanding in so far it is
concerned to Ground rent, GST on Ground
rent, License fee, scrutiny fee, Betterment
charges for building, Betterment charges for
site, security deposit, Lake Rejuvenation 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.
x) Issue a writ or order or direction by way of
mandamus directing the Respondent No.3 and
4 BBMP to issue the sanction plan for
construction of the Commercial Building in the
NC: 2025:KHC:21743
HC-KAR
Schedule Property without insisting the Ground
rent, GST on Ground rent, License fee, scrutiny
fee, Betterment charges for building,
Betterment charges for site, security deposit,
Lake Rejuvenation fee, Cess for water supply
scheme, Surcharge for formation outer ring
road, Cess for improvement of slum and
Surcharge for Mass Rapid Transport System,
Labour cess and
xi) 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."
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
(Amendment) Act, 2023, (Karnataka Act No.37 of 2024).
NC: 2025:KHC:21743
HC-KAR
Therefore, this Court deems it fit to cull out the operative
portion of the order, which reads as under;
"ORDER
(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
approving a layout plan, fee shall not be collected
NC: 2025:KHC:21743
HC-KAR
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
NC: 2025:KHC:21743
HC-KAR
acceptable to the citizens of 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
- 10 -
NC: 2025:KHC:21743
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
- 11 -
NC: 2025:KHC:21743
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.4 as
per Annexure-D is hereby set-aside.
(iii) Respondent- BBMP 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 plan shall
not be withheld merely on the ground that the
- 12 -
NC: 2025:KHC:21743
HC-KAR
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
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
VMB
