Smt. Sushma Ashok Kumar.S Vs the State of Karnataka

SMT. SUSHMA ASHOK KUMAR S. W/O SRI. ASHOK KUMAR, AGED ABOUT 49 YEARS, R/AT NO.37, ‘YASHA’, PIPELINE ROAD, MAHALAKSHMIPURAM, WEST OF CHORD ROAD, II STAGE, II PHASE, BENGALURU-560 086.

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…PETITIONER

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(BY SRI. JNANESH KUMAR K., ADVOCATE)

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AND:

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Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU-560 001. REP BY ITS PRINCIPAL SECRETARY.

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THE STATE OF KARNATAKA LABOUR DEPARTMENT, AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU-560 001, REP BY ITS UNDER SECRETARY TO GOVERNMENT.

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BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, N.R.SQUARE,

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NC: 2025:KHC:24634 WP No. 15837 of 2024

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HC-KAR

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BENGALURU-560 002, REP BY ITS COMMISSIONER.

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THE ASSISTANT DIRECTOR OF TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE, WEST, SAMPIGE ROAD, NEXT TO BHASHYAM PARK, BENGALURU-560 020.

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…RESPONDENTS

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(BY SMT. SPOORTHY V., HCGP FOR R1 & R2; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-A) QUASH THE NOTIFICATION ISSUED BY THE RESPONDENT NO.2 BEARING NO. UDD 3 TTP 2015 DATED 25/02/2020 (ANNEXURE-D) INSOFAR AS THE INSERTED RULES 37-A AND 37-C ARE CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed seeking the following reliefs:-

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“a) Issue an order, direction or writ in the nature of certiorari quashing the Notification issued by the Respondent No.2 bearing No. UDD 3 TTP 2015 dated 25/02/2020 (Annexure-D) insofar as the inserted Rules 37-A and 37-C are concerned:

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NC: 2025:KHC:24634 WP No. 15837 of 2024

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HC-KAR

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b) Grant an order, direction or writ in the nature of certiorari quashing the Government order bearing No.GO.LD/300/LET/2006, issued by the Respondent No.2 dated 18/01/2007 (Annexure-E) and the corrigendum order bearing No.LD/300/LET/2006, issued by the Respondent No.2, dated 28/02/2007 (Annexure-F) mandating upfront collection of labour welfare cess in so far the Petitioner.

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c) Issue a writ, order or direction in nature of a certiorari as regards the levy sought to be imposed by the Impugned Demand Notice at Annexure-A dated 14/06/2024 bearing No.BBMP/Ad.Com/WST/0205/24-25 issued by Respondent No.4 in so far as Labour Cess for a sum of Rs.1,48,000/-.

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d) Issue a writ, order or direction in nature of a Certiorari as regards the levy sought to be imposed by the Impugned Demand Notice at Annexure-A dated 14/06/2024 bearing No.BBMP/Ad.Com/WST/0205/24-25 issued by Respondent No.4 in so far levy of ground rent for a sum of Rs.2,97,294/-.

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e) Issue a writ, order or direction in nature of a Certiorari as regards the levy sought to be imposed by the Impugned Demand Notice at

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HC-KAR

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Annexure-A dated 14/06/2024 bearing No.BBMP/Ad.Com/WST/0205/24-25 issued by Respondent No.4 in so far as Betterment fee of a sum of Rs.81,800/-, for building, Scrutiny Fee for a sum of Rs.16,033/- and License fee a sum of Rs.3,20,656/-:

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f) Declare that the Respondent Nos.3 and 4 (BBMP) has no authority to collect the taxes under the guise of collection of license fee cess and other fees under various heads based on arbitrary rates and values:

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g) Issue a writ in the nature of mandamus directing the Respondent Nos. 3 and 4 to collect fees as specified in the Bengaluru Mahanagara Palike Building Bye Laws, 2003 only:

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h) And grant such other reliefs as this Hon'ble Court may deem fit to grant, based on the facts and circumstances of the case in the interest of justice equity.”

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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

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HC-KAR

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referred to as “Sunderam Shetty”), have

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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. and similarly, in M/s Sapthagiri Shelters and connected matters, the Coordinate 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 related Circulars and declared Clause 3.8 of the BBMP Building Bye-laws, 2003, pertaining to Ground Rent, as invalid.

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HC-KAR

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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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(ii) The impugned demand notice dated 14.06.2024 issued by respondent No.4 as per Annexure-A is hereby set-aside.

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HC-KAR

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(iii) Respondent Nos.3 and 4 - BBMP are hereby directed to issue fresh/modified plan as the case may be.

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(iv) Respondent Nos.3 and 4 - BBMP are 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 appeal against the reported judgment.

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(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.

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Pending applications, if any, are also disposed off.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 2 Sl No.: 9

Smt. Sushma Ashok Kumar.S v. the State of Karnataka

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Smt. Sushma Ashok Kumar.S v. the State of Karnataka

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