Smt Muniyamma Vs the State of Karnataka

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1 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.9732 OF 2022 (LB-BMP)

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BETWEEN:

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SMT. MUNIYAMMA W/O. LATE DURGAIAH AGED ABOUT 81 YEARS RESIDING AT NO.179 MADAKARI NAYAKA ROAD YERRAIHYYANA PALYA RAMAMURTHY NAGAR BENGALURU-560 016.

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SRI D. DHARMARAJU S/O. LATE DURGAIAH AGED ABOUT 63 YEARS RESIDING AT 21/1, 8TH CROSS, 4TH MAIN SIR M.V. NAGAR, RAMAMURTHY NAGAR BENGALURU-560 016.

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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SRI A. CHINNAMMA W/O. LATE D. KANAKADAS AGED ABOUT 54 YEARS RESIDING AT NO.165 MADAKARI NAYAKA ROAD YERRAIHYYANA PALYA RAMAMURTHY NAGAR BENGALURU-560 016.

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SRI D. RENUKESHAVA S/O. LATE DURGAIAH AGED ABOUT 56 YEARS RESIDING AT NO.179 MADAKARI NAYAKA ROAD YERRAIHYYANA PALYA RAMAMURTHY NAGAR

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2 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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BENGALURU-560 016.

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SRI D. ASHWATHNARAYANA S/O. LATE DURGAIAH AGED ABOUT 54 YEARS RESIDING AT NO.115 3RD CROSS, YERRAIHYYANA PALYA RAMAMURTHY NAGAR BENGALURU-560 016.

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SMT. D. LAKSHMIDEVAMMA D/O. LATE DURGAIAH AGED ABOUT 51 YEARS RESIDING AT NO.104 YERRAIHYYANA PALYA RAMAMURTHY NAGAR BENGALURU-560 016.

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SRI GANESH S/O. LATE OBALAMMA AGED ABOUT 60 YEARS RESIDING AT NO.317/A MADAKARI NAYAKA ROAD YERRAIHYYANA PALYA RAMAMURTHY NAGAR BENGALURU-560 016. PETITIONER NOS.1 TO 7 ARE REPRESENTED BY THEIR GPA HOLDER SRI AJEETH S/O. GIRIVASAN A.P. PROPRIETOR OF M/S. V GROUP RESIDING AT NO.100 'RAMESH NIVAAS' 12TH CROSS RAMAMURTHY NAGAR BENGALURU-560 016. …PETITIONERS

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(BY SRI SATISH K., ADVOCATE)

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AND:

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3 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI

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BENGALURU-560 001.

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LABOUR VIKASA SOUDHA DR. AMBEDKAR VEEDHI

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BENGALURU-560 001.

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

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THE JOINT DIRECTOR (TOWN PLANNING - NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560 002.

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

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…RESPONDENTS

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(BY SMT. SPOORTHY V., H.C.G.P. FOR R-1, R-2 AND R-5; SRI V.G. BHANUPRAKASH, ADVOCATE FOR R-3 AND R-4)

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4 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO 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 5TH 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 SO ALSO IN VIOLATION OF THE ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.4601/2020 AND OTHER CONNECTED PETITIONS.

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THIS WRIT 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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The captioned petition is filed seeking the following reliefs:

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i) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT

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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 5th Respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted it to on 13.01.2022 at be ultravires and ANNEXURE-F declaring unconstitutional so also in violation of the order passed by this Hon'ble Court in Writ Petition No.4601/2020 and other connected petitions;

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ii) ISSUE WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION to quash the Office Order

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5 -

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NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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bearing No. HeNiNaYo/PR/ 461/2021-22 dated 09.12.2021 issued by the Respondent No.4 at

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ANNEXURE -G;

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iii) ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION to quash the impugned demand notice bearing No. BBMP/Addl.Dir/JD NORTH/LP/0018/ 2019-20 dated 02/12/2020 at ANNEXURE -B issued by the Respondent No.4 as well as the impugned demand notice bearing No. BBMP/Addl.Dir/JDNORTH/ LP/0018 /2019-20 dated 15/12/2021 at ANNEXURE -C;

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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 Respondent No.3;

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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 Respondent No.5 at ANNEXURE-J in so far as 18-A(i) and (iv) of Karnataka Act No.23 of 2004 is concerned.

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vi) GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI quashing the Notification issued by the Respondent No.1 bearing No. UDD 3 TTP 2015 dated 25.02.2020 as contained in ANNEXURE-K in so far as the amended Rule 37-A and Rule 37-C are concerned;

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HC-KAR

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

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The Co-ordinate Benches of this Court, in

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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 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.

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

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7 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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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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(ii) The impugned demand notices dated 02.12.2020 and dated15.12.2021 issued by

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8 - NC: 2025:KHC:26074 WP No. 9732 of 2022

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HC-KAR

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respondent No.4 as per Annexure-B and C are 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 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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HDK List No.: 2 Sl No.: 1

Smt Muniyamma v. the State of Karnataka

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Smt Muniyamma v. the State of Karnataka

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