Allowed

M/S Suadela Constructions Pvt. Ltd. v. the State of Karnataka

Karnataka HC16 Feb 2022WP/3061/2022

Case brief

AI extract

What is this about?

The petitioners challenged a demand notice for ground rent and GST issued by the Bruhat Bengaluru Mahanagara Palike for an occupancy certificate. Relying on a coordinate bench holding the BBMP lacks authority to demand ground rent, the court allowed the writ petition, quashed the demand, and directed the BBMP to issue the occupancy certificate.

What did the court decide?

The impugned demand notice dated 17.01.2022 was quashed. Respondents 2 and 3 were directed to issue the occupancy certificate within four weeks.

M/S Suadela Constructions Pvt. Ltd. Vs the… — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2022

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BEFORE

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.3061 OF 2022 (LB - BMP)

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BETWEEN:

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M/S. SUADELA CONSTRUCTIONS PVT. LTD., NO.757/B, 100 FEET ROAD, HAL 2^ND STAGE, INDIRANAGAR, BANGALORE – 560 038.

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REPRESENTED BY IT'S AUTHORIZED SIGNATORY, MR. CHETHAN B S., S/O SOMAIAH, AGED ABOUT 36 YEARS.

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...PETITIONER (BY SRI. S.MAHESH, ADV.)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE – 560 002.

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THE JOINT DIRECTOR, TOWN PLANNING - SOUTH, BRUHAT BENGALURU MAHANAGARA PALIKE,

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N R SQUARE, BANGALORE – 560 002.

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… RESPONDENTS

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(BY SRI.NITHYANANDA K.R., AGA FOR R1; SRI.T.M.VENKATA REDDY, ADV., FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 17.01.2022 ISSUED BY THE R-3 DEMANDING AN AMOUNT OF RS.63,84,000/(RUPEES SIXTY THREE LAKHS EIGHTY FOUR THOUSAND ONLY) FOR ISSUANCE OF OCCUPANCY CERTIFICATE UNDER ANNEXURE - E AND ETC.

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THIS WRIT PETITION COMING ON FOR 'ORDERS' THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is filed challenging the

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endorsement dated 17.01.2022 issued by the respondent-BBMP insofar as it relates to calling upon the petitioner to pay the ground rent and the corresponding GST.

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The petitioner submits that the other

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charges, which are required to be paid under the impugned endorsement have been deposited with the respondent-BBMP.

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The issue involved in this writ petition as to whether the respondent-BBMP has got authority to demand ground rent and corresponding GST was examined by a Co-ordinate Bench of this Court in W.P.No.4601/2020 disposed of on 04.08.2021, wherein it has held that respondent-BBMP has no authority to demand the ground rent. Hence, this writ petition also required to be disposed of, in the light of the order passed by Co-ordinate Bench of this Court in W.P.No.4601/2020.

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Accordingly, the writ petition is allowed.

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The impugned endorsement dated 17.01.2022 issued by the 3rd respondent at Annexure-E is hereby quashed insofar as it relates to calling upon to pay the ground rent and corresponding GST.

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Respondent Nos.2 and 3 are hereby directed to issue occupancy certificate for block No.4 in terms of the application dated 13.12.2021

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submitted by the petitioner at Annexure-D, subject to the condition, that the petitioner satisfies the other requirement.

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The said exercise shall be completed, within a

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period of four weeks from the date of receipt of a certified copy of this order.

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Sd/JUDGE

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M/S Suadela Constructions Pvt. Ltd. v. the State of Karnataka

Case brief

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What did the court decide?

M/S Suadela Constructions Pvt. Ltd. v. the State of Karnataka

Case brief

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