This writ petition challenged the constitutionality of specific BBMP bye-laws regarding ground rent. The court disposed of the petition by following a prior batch order dated 04.08.2021 related to identical issues.
The court disposed of the petition following the order passed in W.P.No.4601/2020 dated 04.08.2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.21481 OF 2018 (LB- BMP)
BETWEEN
ITC LIMITED A COMPANY UNDER THE COMPANIES ACT, 2013, HAVING ITS REGISTERED OFFICE AT: 37 JAWAHARLAL NEHRU ROAD, KOLKATA – 700 071. REPRESENTED BY ITS AUTHORISED SIGNATOR MR. ABRAHAM ZACHARAIAH
HAVING ONE OF ITS OFFICE AT: NO.18, BANASWADI MAIN ROAD, MARUTHISEVA NAGAR, BENGALURU – 560 005.
... PETITIONER
(BY SRI ANIRUDH M.B., ADVOCATE (VIDEO CONFERENCING))
AND
2
... RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA FOR R1; SRI ASHWIN S.HALADY, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE BYELAW NOS. 3.8 AND 3.9 OF THE BRUHAT BENGALURU MAHANAGARA PALIKE BYE-LAWS, 2003 AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES AND CONSEQUENTLY DECLARE THAT THE LEVY AND COLLECTION OF GROUND RENT FROM THE PETITIONER IS ILLEGAL AND UNAUTHORISED AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Anirudh M.B., learned counsel appearing for petitioners, Smt. Prathima Honnapura, learned Additional Government Advocate for respondent No.1 and Sri Ashwin S. Halady, learned counsel appearing for respondent Nos.2 and 3 - BBMP.
3
were called in question in W.P.No.4601/2020 and connected cases.
Sd/JUDGE
nvj CT:MJ
2 issues framed by the court
Whether to declare Bye-Law Nos. 3.8 and 3.9 of the BBMP Bye-Laws unconstitutional and the levy of ground rent illegal.
Whether to dispose of this writ petition following the order passed in W.P.No.4601/2020.
Colour shows how this judgement treated each authority
W.P.No.4601/2020 and connected casesReferred¶2
1 provisions across 1 enactments
ITC Limited
State of Karnataka
Bruhat Bangalore Mahanagara Palike
The Joint Director Town Planning (North)
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
