B M S Educational Trust Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

B M S Educational Trust Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed: the additional condition in the BBMP demand notice (Annexure-E) requiring handing over of 2714.59 sqm road widening area before release of plan and licence is quashed; BBMP directed to release the building plan and licence; interim order to enure till disposal of W.P. No. 23086/2022; petitioner barred from constructing on land reserved for road widening; ground rent demand to abide by the decision in W.P. No. 23086/2022.

Issue for consideration

Whether the BBMP can lawfully impose a condition requiring the petitioner to hand over 2714.59 sqm of road widening area before release of the building plan and licence. +1 more

Court's answer

The BBMP cannot impose a condition to hand over the road widening area before release of the plan and licence.

Ratio / Principle

Accordingly, the additional condition imposed in the demand notice at Annexure-E relating to handing over of road widening area of 2714.59 sqm shall stand quashed.

Key takeaways

The interim order granted by this Court shall enure till the disposal of the connected matter (W.P. No. 23086/2022).ratio¶¶34
As a consequence, the BBMP shall release the building plan and the licence.ratio¶¶34
The petitioner shall not be entitled to use the portion of the land reserved for road widening for the purpose of putting up any construction.ratio

Detailed headnote1 paragraphs

Karnataka High Court (N S Sanjay Gowda, J.), Writ Petition No. 33709 of 2024 (LB-BMP), decided 16 January 2025 — B.M.S Educational Trust v. State of Karnataka, Bruhat Bengaluru Mahanagara Palike and Joint Director, Town and Country Planning (South). The Court allowed the writ petition challenging a BBMP demand notice (Annexure-E) which, besides raising a demand including ground rent, imposed a condition that the petitioner hand over 2714.59 sqm of road widening area before release of the building plan and licence. Relying on a co-ordinate Bench order in W.P. No. 9408/2020 and connected matters (decided 17.01.2022), the Court held that BBMP cannot impose such a pre-condition and quashed the road-widening condition. The legality of the ground rent demand was not independently decided: the decision reserved in W.P. No. 23086/2022 will apply to this case, the interim order continues till that disposal, and BBMP was directed to release the building plan and licence. The petitioner is barred from putting up any construction on the land reserved for road widening. The petition's prayer to declare Section 18-A of the Karnataka Town and Country Planning Act, 1961 (brought into effect by Karnataka Act No. 23 of 2004) ultra vires the Constitution was not adjudicated in this order.

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NC: 2025:KHC:1582 WP No. 33709 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

WRIT PETITION NO. 33709 OF 2024 (LB-BMP)

BETWEEN:

B.M.S EDUCATIONAL TRUST A REGISTERED TRUST HAVING REGISTERED ADDRESS AT BULL TEMPLE ROAD BENGALURU - 560 019 REPRESENTED BY ITS CHAIRPERSON DONOR TRUSTEE, AND MEMBER SECRETARY DR. B.S. RAGINI NARAYAN.

…PETITIONER

(BY SRI BADRI VISHAL, ADV.)

AND:

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001 REPRESENTED BY IT'S UNDER SECRETARY.

THE BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU 560 002 REPRESENTED BY THE COMMISSIONER.

THE JOINT DIRECTOR TOWN AND COUNTRY PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BENGALURU - 560 002.

…RESPONDENTS

(BY SRI RAHUL CARIAPPA, AGA FOR R-1; SRI K.B. MONESH KUMAR, ADV., FOR R-2 & R-3)

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NC: 2025:KHC:1582 WP No. 33709 of 2024

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A. DECLARE THAT SECTION 18-A OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 BROUGHT INTO EFFECT BY KARNATAKA ACT NO. 23 OF 2004 (KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1998) PRODUCED AT ANNEXURE A AS BEING ULTRA VIRES THE CONSTITUTION OF INDIA.

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

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

The petitioner is challenging the demand notice, whereby the BBMP has made a demand on several accounts including on account of ground rent. In the said demand notice, a condition is also imposed that the petitioner is required to handover road widening area of 2714.59 sqm. before release of the plan and

license.

3 - NC: 2025:KHC:1582 WP No. 33709 of 2024

It is not in dispute that the question is as to whether the BBMP has the power to demand a ground rent is the subject matter of several writ petitions which have been heard and judgment has been reserved. The petitioner has a benefit of an interim order in this writ petition and learned counsel for the petitioner submits that the demand regarding ground rent can be made subject to the result of W.P.No.23086/2022.

In other words, learned counsel appearing for the petitioner submits that the petitioner would abide by the ruling of this Court in the connected matters insofar it relates to ground rent.

He however submits that the condition imposed to handover the road widening area would be illegal in the light of the judgment already rendered by a co-ordinate Bench of this Court in W.P.No.9408/2020 and connected matters decided on 17.01.2022.

4 - NC: 2025:KHC:1582 WP No. 33709 of 2024

A perusal of the order passed in W.P.No.9408/2020 makes it clear that the BBMP cannot impose a condition to handover the road widening area before release of the plan and license. In that view of the matter, the additional condition imposed in the demand notice at Annexure – E relating to handing over of road widening area of 2714.59 sqm. shall stand quashed.

As far as the legality of the demand for ground rent, the decision to be rendered by a co-ordinate Bench of this Court in W.P.No.23086/2022 will apply to the present case also.

It is made clear that the interim order granted by this Court shall enure till the disposal of the connected matter. As a consequence of this, the BBMP shall release the building plan and the license.

It is also made clear that the petitioner shall not be entitled to use that portion of the land that is

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NC: 2025:KHC:1582 WP No. 33709 of 2024

reserved for road widening, for the purpose of

putting up any construction.

This petition is accordingly allowed .

Sd/(N S SANJAY GOWDA) JUDGE

GSR,List No.: 1 Sl No.: 3