Mr. Mahammad Nagoori vs. State Of Karnataka

''Issue a writ in the nature of certiorari or any other appropriate writ of like nature of direction, declaring the bye law no.3.9 of the bangalore mahanagara palike building bye-laws 2003 (ANNEXURE-A) as unconstitutional, illegal and ultra vires.

Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the demand notice bearing No.BBMP/Ad.Com./MDP/1213/20-21 dated 08.03.2021 (ANNEXURE-B) issued by Respondent No. 3, in so far as it relates to claim made for payment of Rs. 13,617/- towards scrutiny fee at serial no. 1, license fee of Rs. 2,72,349/- at serial no. 3, ground rent gst (including 9% HC-KAR NC: 2025:KHC:23561 cgst & 9%sgst) of Rs.2,34,787,/- at serial no. 2, security deposit of Rs.1,78,708/- at serial no. 6, 1% Service charges on labour cess of Rs.10,956/- at serial no. 10 and Rs. 3,27,387/- labour cess payable to Karnataka state building and other construction workers welfare board.

Issue a writ in the nature of certiorari or any other appropriate writ quashing the government order bearing G.O No.LD 300 LET 2006 dated 18.01.2007 and the corrigendum therein dated 28.02.2007 direct upfront collection of labour welfare cess , as contained in ANNEXURE-C.

Issue a writ of mandamus or similar writ or order or direction directing the Respondent No.2 & 3 to issue the building plan and license pursuant to the demand notice no. BBMP/Ad.Com./MDP/1213/20-21 at ANNEXURE-B.

Grant such other and further relief/s, including costs of this petition, as this hon'ble court deems fit, in the facts and circumstances of the case, in the interest of justice and equity.''

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. 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 HC-KAR NC: 2025:KHC:23561 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 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 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.

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.

In light of the authoritative pronouncements, the present petition does not warrant separate adjudication HC-KAR NC: 2025:KHC:23561 and is liable to be allowed in terms of the operative directions issued in the aforesaid writ petitions.

Accordingly, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 08.03.2021 issued by respondent No.3 as per Annexure-B is hereby set-aside. (iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be. (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. (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 HC-KAR NC: 2025:KHC:23561 BBMP is contemplating to file an appeal against the reported judgment. (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.

Pending applications, if any, are also disposed off. (SACHIN SHANKAR MAGADUM) JUDGE