Mr Raja Dattakumar Vs the State of Karnataka

MR. RAJA DATTAKUMAR S/O LATE RAJA JAYASHANKAR, AGED ABOUT 56 YEARS, RESIDING AT #14/2, MEENAKSHI MANOR, 10^TH D MAIN, 5^TH CROSS, JAYANAGAR 1^ST BLOCK, BANGALORE-560 046.

¶10

…PETITIONER

¶11

(BY SRI. JEEVAN KUMAR B.S., ADVOCATE)

¶12

AND:

¶13

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

¶14

THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, 4^TH FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE-560 001, REPRESENTED BY SECRETARY.

¶15

STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY SECRETARY.

¶16

BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE,

¶17

2 -

¶18

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶19

HC-KAR

¶20

BANGALORE-560 002, REPRESENTED BY ITS COMMISSIONER.

¶21

THE JOINT DIRECTOR TOWN PLANNING BBMP, NR SQUARE, HEAD OFFICE BUILDING, ANNEX-3 BUILDING, BANGALORE-560 002.

¶22

…RESPONDENTS

¶23

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

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) QUASH THE KARNATAKA MUNICIPAL CORPORATIONS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2021, KARNATAKA ACT NO.1/2022 ENACTED BY THE SECOND RESPONDENT PUBLISHED THROUGH GAZETTE NOTIFICATION BEARING NO.DPAL 50SHASANA 2021, BENGALURU DATED 13.01.2022 AT ANNEXURE-D DECLARING IT TO BE ULTRAVIRES AND UNCONSTITUTIONAL IN SO FOR PETITIONER IS CONCERNED AND ETC.

¶25

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

¶27

ORAL ORDER

¶28

This petition is filed seeking the following reliefs:-

¶29

“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, Karnataka Act No. 1/2022 enacted by the second respondent

¶30

3 - NC: 2025:KHC:23237 WP No. 19169 of 2024

¶31

HC-KAR

¶32

published through Gazette notification bearing No. DPAL 50SHASANA 2021, Bengaluru Dated 13/01/2022 at ANNEXURE-D declaring it to be ultravires and unconstitutional in so for petitioner is conserved.

¶33

ii. Issue a writ of certiorari to quash the demand notice Dated NIL bearing No. LP. No. BBMP/Addl.Dir/JDSOUTH/0053/21-22 Vide ANNEXURE-B issued by the respondent No.4 in so far as demand towards.

¶34

Fee payable to BBMP.

¶35

*Sl.No.*	*Details of fees*	*Amount (Rs)*
1.	Scrutiny fee	00,81,831.00
2.	Ground Rent (including 9% CGST and 9% SGST)	09,65,601.00
3.	Licence fee	16,36,611.00
4.	Fee U/s 18 of KTCP act (Betterment Levy) for building	03,63,691.00
5.	Fee U/s 18 of KTCP act (Betterment Levy) for site area	06,36,527.00
6.	Security deposit	18,18,457.00
7.	Lake Rejuvenation fee	02,22,562.00
8.	Compound wall fee	00,05,000.00
9.	Road cutting fee	00,00,000.00
10.	1% of Labour amount to BBMP cess	00,33,630.00
11.	Levy and collection of cess and surcharges as per Rule _37-c _ of KPSA(Amendment)

¶36

4 -

¶37

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶38

HC-KAR

¶39

	Rules 2019 as per sub clauses (i), (ii), (iii), and (iv) of sub section(1) of section 18- A of KTCP Act 1961
	(a) Water supply cess	00,95,021.00
	(b) Ring Road surcharge	00,95,021.00
	(c) Cess for Improvement of slums	00,47,510.00
	(d) MRTS Surcharge	04,75,104.00
12.	5% of administrative charges to BBMP on cess and surcharge	00,37,509.00
	Total Rs	65,14,075.00
	Previously paid amt	00,57,895.00
	*Total amount to be paid Rs*	*64,56,180.00*

¶40

(Sixty-Four Lakhs Fifty-Six Thousand One Hundred Eighty) to be paid to BBMP are concerned And Labour cess total amount Rs.33,29,370.00/(Thirty-Three Lakhs Twenty-Nine Thousand Three Hundred Seventy).

¶41

iii. Issue any other appropriate writ or order or direction to the respondent's demand fit in the circumstances of the case in the interest of justice and equity.

¶42

iv. Pass any such other orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity.”

¶43

5 -

¶44

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶45

HC-KAR

¶46

It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench in the reported judgment in W.P.No.23086/2022 and connected matters . The Co-ordinate Bench, while deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024). Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under;

¶47

"ORDER

¶48

(i) The writ petitions are partly allowed.

¶49

(ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside.

¶50

(iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside.

¶51

(iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and

¶52

6 -

¶53

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶54

HC-KAR

¶55

Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only in respect of ‘Development Plan’ containing the proposal for construction on plots measuring more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters.

¶56

(v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority Rules, 1965.

¶57

(vi) It is hereby declared that the linking of the fee leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965, to the ‘market value’ or ‘guidance value’ as determined under Section 45-B of the Karnataka Stamp Act, 1957, is illegal. However, liberty is reserved to the respondent-State Government and the BBMP to re-fix a standard after collecting empherical data.

¶58

(vii) Consequently, all the impugned Circulars which seek to give effect to the Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are hereby quashed and set aside.

¶59

(viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003,

¶60

7 -

¶61

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶62

HC-KAR

¶63

providing for ‘Ground Rent’, is illegal and are accordingly quashed and set aside.

¶64

(ix) Consequently, all the impugned Demand Notices raised by the respondent-BBMP, in respect of the writ petitioners herein are also quashed and set aside. It would be advisable that the BBMP may come out with a scheme for ‘One Time Settlement’ and settle the levy and collect the fee generally acceptable to the citizens of Bengaluru. This would also augment the present situation."

¶65

In the present writ petition, the core issue raised stands substantially covered and decided by the authoritative pronouncement of the coordinate bench, wherein the writ petitions were partly allowed and several consequential reliefs were granted. The Hon’ble Court, in unequivocal terms, quashed and set aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Acts of 2021 and 2023 (Karnataka Act Nos.01 of 2022 and 37 of 2024 respectively).

¶66

The Court further declared that the provisions under Section 18-A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the

¶67

8 - NC: 2025:KHC:23237 WP No. 19169 of 2024

¶68

HC-KAR

¶69

Karnataka Planning Authority Rules, 1965, are applicable only to development proposals concerning plots exceeding 20,000 square meters, and not to smaller plots. Importantly, it was also held that if a fee has been previously collected for change of land use or approval of layout plan, no further fee shall be levied for subsequent development plans, in view of the explanatory 'Note' to Table I of Rule 37-A.

¶70

The Court declared illegal the linkage of such levies to market or guidance value under Section 45-B of the Karnataka Stamp Act, and consequently, quashed all Circulars and demand notices issued to give effect to such unlawful interpretations. Clause 3.8 of the BBMP Building Bye-laws, 2003, imposing 'Ground Rent', was also struck down.

¶71

In view of these comprehensive declarations and findings, it is submitted that the controversy raised in the present writ petition no longer survives for adjudication

¶72

9 - NC: 2025:KHC:23237 WP No. 19169 of 2024

¶73

HC-KAR

¶74

independently, as it is squarely covered by the binding judgment of the coordinate bench. In the light of the law laid down in the reported judgment substantially covering the issue, which is raised in the captioned writ petition, the writ petition is liable to be allowed strictly aligning to the

¶75

operative portion of the said writ petition.

¶76

In view of the above, this Court proceeds to pass the following;

¶77

ORDER

¶78

(i) The writ petition is allowed.

¶79

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

¶80

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

¶81

(iv) Respondent Nos.3 and 4 - BBMP are hereby directed to forthwith process the petitioner's application seeking building

¶82

10 -

¶83

NC: 2025:KHC:23237 WP No. 19169 of 2024

¶84

HC-KAR

¶85

license and sanction of the building plan, strictly in accordance with law.

¶86

(v) It is made clear that the issuance of the building license and approval plan shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment.

¶87

(vi) If the building license and sanction plan are issued, the same shall be subjected to the outcome of any appeal that may be filed by the BBMP against the judgment.

¶88

Pending applications, if any, are also disposed off.

¶89

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶90

NBM

¶91

List No.: 2 Sl No.: 45

Mr Raja Dattakumar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Raja Dattakumar v. the 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 N Ramachandraih Vs State of Karnataka

Mr G S Prasanna Kumar Vs State of Karnataka

Mrs Roseline Kumar Vs the State of Karnataka

Sri Harish D Vs the State of Karnataka

M/S Gardencity Realty Pvt. Ltd. Vs the State of Karnataka

Smt H B Yashodha Vs Sri H C Cheluvaiah