Smt B H Bhagya @ Bhagya Jayaram Vs State of Karnataka

ALL ARE REPRESENTED BY THEIR GPA M/S. BCM INFRASTRUCTURE PRIVATE LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 OFFICE AT M/1 TO M/3, BCM HEIGHTS, PU-4, SCHEME NO.54, INDORE, MADHYA PRADESH, INDIA-452 010.

¶14

BANGALORE OFFICE AT NO.40, TUDOR COURT, LAVELLE ROAD, SHANTHALA NAGAR, BENGALURU-560 001.

¶15

…PETITIONERS

¶16

(BY SRI VIVEKANAND T.P., ADVOCATE)

¶17

2 - NC: 2025:KHC:26078 WP No. 16111 of 2024

¶18

HC-KAR

¶19

AND:

¶20

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT 4TH FLOOR, VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001.

¶21

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001.

¶22

STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY ITS SECRETARY.

¶23

THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560 002 REPRESENTED BY ITS CHIEF COMMISSIONER.

¶24

THE JOINT DIRECTOR, TOWN PLANNING-NORTH BRUHAT BENGALURU MAHANGARA PALIKE N.R. SQUARE BENGALURU-560 002.

¶25

…RESPONDENTS

¶26

(BY SMT. SPOORTHY V., H.C.G.P. FOR R-1 TO R-3; SRI K.B. MONESH KUMAR, ADVOCATE FOR R-4 AND R-5)

¶27

¶28

3 - NC: 2025:KHC:26078 WP No. 16111 of 2024

¶29

HC-KAR

¶30

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021 ACT NO.1/2022 DATED 13.01.2022 ENACTED BY THE SECOND RESPONDENT PUBLISHED THROUGH NOTIFICATION BEARING NO.DPAL 5O SHASANA 2021 GAZETTED ON 13.01.2022 AT ANNEXURE-F DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL.

¶31

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

¶32

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶33

ORAL ORDER

¶34

The captioned petition is filed seeking the following reliefs:

¶35

i) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated 13.01.2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-F declaring it to be ultravires and unconstitutional.

¶36

ii) issue writ of certiorari or similar writ or order or direction to quash the Office Order bearing No.ADTP/PR/ 461/2021-22 dated 09.03.2022 issued by the 4th respondent at Annexure -G;

¶37

iii) issue a writ of certiorari to quash the demand notice bearing LP No. BBMP /Addl.Dir/JDNORTH/0063/22-23;

¶38

4 -

¶39

NC: 2025:KHC:26078 WP No. 16111 of 2024

¶40

HC-KAR

¶41

Project No.PRJ/ 8860 / 22-23 dated 05.06.2024 at Annexure -C issued by the Respondent No.5 in so far as demand towards scrutiny fee of Rs.1,15,428/-, Ground Rent (including 9% CGST and 9% SGST) in a sum of Rs.13,62,047/-, license fee of Rs.23,08,554/-, Betterment fee for building of Rs.5,13,012/-, Betterment Fee for Site Area of Rs.5,75,216/-, security deposit of Rs.25,65,060/-, Cess towards BWSSB in a sum of Rs.1,03,382/-, Cess towards Ring Road in a sum of Rs.1,03,382/-, Cess towards Improving the slums in a sum of Rs.51,691/-, cess towards MRTS in a sum of Rs.5,16,908/-, 5% administrative charges of Rs.40,809/- and advance labour cess of Rs.40,72,374/- are concerned;

¶42

iv) issue Writ of Certiorari or similar Writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/ P.R/320/2020-21 dated 14.08.2020 at Annexure-H issued by the 4th Respondent;

¶43

v) Issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-J in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned;

¶44

vi) grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the 1st Respondent bearing No. UDD 3 TTP 2015dated 25.02.2020 as contained in ANNEXURE-K in so far as the amended Rule 37-A and Rule 37-C are concerned;

¶45

5 - NC: 2025:KHC:26078 WP No. 16111 of 2024

¶46

HC-KAR

¶47

vii) issue any other appropriate writ or order or direction to the respondents as deemed fit in the circumstances of the casein the interest of justice and equity.

¶48

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.

¶49

In Sunderam Shetty and connected cases, the Coordinate 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.

¶50

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 37-A of the Karnataka Planning Authority Rules, 1965 to

¶51

6 - NC: 2025:KHC:26078 WP No. 16111 of 2024

¶52

HC-KAR

¶53

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.

¶54

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.

¶55

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.

¶56

Accordingly, this Court proceeds to pass the following:

¶57

ORDER

¶58

(i) The writ petition is allowed.

¶59

(ii) The impugned demand notice dated 05.06.2024 issued by respondent No.5 as per Annexure-C is hereby set-aside.

¶60

7 - NC: 2025:KHC:26078 WP No. 16111 of 2024

¶61

HC-KAR

¶62

(iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be.

¶63

(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.

¶64

(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.

¶65

(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.

¶66

Pending applications, if any, are also disposed off.

¶67

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶68

HDK

¶69

List No.: 2 Sl No.: 8

Smt B H Bhagya @ Bhagya Jayaram v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt B H Bhagya @ Bhagya Jayaram v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Sri Anthoni Thamson Vs Sri Shamson

Vinaya B N Vs the Commissioner

Mr Ali Jaan Vs Mrs Syeda Sabiha Amjad

Smt. Shamalamma B, Vs the Commissioner

Smt Muniyamma Vs the State of Karnataka

Sri. D J Jagadeesha Vs State of Karnataka