Smt v v Jyothi Vs the State of Karnataka

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NC: 2025:KHC:20501 WP No. 12025 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.12025 OF 2020 (LB-BMP)

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BETWEEN:

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SMT.V.V.JYOTHI W/O SRI.B.V.VENKATESH AGED ABOUT 54 YEARS R/AT NO.VALLAM NO.17 II MAIN ROAD KSRTC LAYOUT JP NAGAR, 2^ND PHASE BENGALURU - 560078

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…PETITIONER

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(BY SRI. DORAI BABU S, ADVOCATE)

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AND:

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THE URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR B.R.AMBEDKAR VEEDHI BENGALURU -560 001 REPRESENTED BY ITS SECRETARY

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THE STATE OF KARNATAKA THE LABOUR DEPARTMENT VIKASA SOUDHA DR B.R.AMBEDKAR VEEDHI BENGALURU -560 001 REPRESENTED BY ITS UNDER SECRETARY

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NC: 2025:KHC:20501 WP No. 12025 of 2020

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HC-KAR

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BRUHAT BANALORE MAHANAGARA PALIKE N.R.SQUARE BENGALURU - 560 001 REPRESENTED BY ITS COMMISSIONER

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THE ASSISTANT DIRECTOR TOWN PLANNING RAJARAJESHWARI NAGAR 18^TH CROSS, IDEAL HOME LAYOUT RR NAGAR, NEAR BESCOM OFFICE BENGALURU

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…RESPONDENTS

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(BY SMT.SPOORTHY V, HCGP FOR R.1 AND R.2; SRI.K.B.MONESH KUMAR, ADVOCATE FOR R.3 AND R.4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 4.9.2015 ISSUED BY THE R-3 VIDE ANNEXURE-E IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The petitioner is seeking for the following reliefs.

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"i. 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 vide Annexure-E insofar the petitioner is concerned.

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NC: 2025:KHC:20501 WP No. 12025 of 2020

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HC-KAR

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ii. Issue a writ or order by ay 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 vide Annexure-F in so far the petitioner is concerned.

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iii. Issue a writ or order by way of Certiorari quashing the demand notice dated 21.09.2020 bearing No.BBMP/Ad.Com/RJH/1642/19-20, issued by the Respondent No.3 vide Annexure-D for demanding in so far it is concerned to Labour Cess, Ground Rent, Security Deposit, Revised License Fee and Scrutiny Fee and etc., as illegal, without jurisdiction and arbitrary.

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iv. Issue a writ or order or direction by way of mandamus directing the Respondent Nos.3 and 4 BBMP to issue the Modified Sanction Plan for construction of Commercial Professional Office in the Schedule Property without insisting the Labour Cess, Ground Rent, Security Deposit, Revised License Fee, Scrutiny Fee and etc., and

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v. Pass any such other Orders/s as this Hon'ble Court deem fits under the facts and circumstances of the case, in the interest of justice and equity."

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4 - NC: 2025:KHC:20501 WP No. 12025 of 2020

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HC-KAR

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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.

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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.

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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 37A of the Karnataka Planning Authority Rules, 1965 to

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HC-KAR

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market/guidance value under Section 45-B of the Karnataka Stamp Act, 1957 is illegal. It further quashed all related Circulars and declared Clause 3.8 of the BBMP Building Bye-laws, 2003, pertaining to Ground Rent, as invalid.

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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.

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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.

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Accordingly, this Court proceeds to pass the following:

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ORDER

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(i) The writ petition is allowed.

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NC: 2025:KHC:20501 WP No. 12025 of 2020

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HC-KAR

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(ii) The impugned demand notice dated

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21.09.2020 issued by respondent No.4 as

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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.

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(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.

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(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

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appeal against the reported judgment.

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(vi) If the building license and sanction

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plan are issued, the same shall be subject to

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