Sri. Manjesh Venkatesha Reddy vs. State Of Karnataka
Original PDF →No AI summary yet for this judgment.
Cause title — parties, addresses and appearances
ORAL ORDER Caption petition is filed seeking the following reliefs :- "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 respondent second published through notification bearing No. DPAL 50 SHASANA 2021 Bengaluru 13/01/2022 on at declaring it to be ultravires and unconstitutional at ANNEXURE-F
ii) Issue writ of certiorari or similar writ or order or direction to quash the office order bearing No. 5.2./PR/461/2021-22 dated -09/03/2022 issued by the third respondent at ANNEXURE-G.
iii) Issue a writ of certiorari to quash the demand note L.P. No. BBMP/Ad.Com/SUT/0166/23-24 AND Project No.PRJ/6112/22-23 dated 26/05/2023 at ANNEXURE-C issued by the respondent No.4 in so far as demand towards Scrutiny fee 53,737/- Ground Rent(including 9% 9% and CGST SGST) Rs.6,18,560/- License fee 6,67,167/- fee U/s 18 of KTCP Act Betterment fee) HC-KAR NC: 2025:KHC:24117 building 59,200/- fee U/s 18 of KTCP act Betterment fee) Site area 4,50,789/- Security deposit fee 59,200/-, Lake Rejuvenation fees 5,600/, Compound wall fee 12,589.66/- Road Cutting fee 48,380/-, 1% Service charges on labour cess to BBMP 1,160/-, Levy and Collection of Cess and surcharges as per Rule 37-c of KPA (amendment 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 Scheme (BWSSB) 45,078.90/-, (B) Ring Road (BDA) 45,078.90/-, (c) improving the Slums (KSCB) 22,539.45/-, (D) Mass Rapid Transport System (BDA) 2,25,394.50/-, 5% Levy service charges payable to BBMP 16,904.59/- Previously paid amount 20,379/- Total amount to be paid Rs.23,11,000/- to be paid to BBMP are concerned. And Labour cess amount Rs. 1,16,000/-.
iv) Issue writ of Certiorari or similar writ, order or direction to quash Circular the No.He.Ni.Ka.Pa.Ko/PR/320/2020-21 bearing dated 14/08/2020 at ANNEXURE-H issued by the 3rd Respondent.
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.
vi) Grant an order, direction or writ in the nature of HC-KAR NC: 2025:KHC:24117 Certiorari quashing the notification issued by the 1st respondent bearing No.UDD 3ТТР 2015 dated 25/2/2020 as contained in ANNEXURE-K in so far as the amended Rule 37-A and rule 37-C are concerned,
vii) Issue any other appropriate writ or order or direction to the respondents demand fit in the circumstances of the case in the interest of justice and equity.
viii) Pass any such other orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest justice and equity."
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: HC-KAR NC: 2025:KHC:24117 "ORDER (i) The writ petitions are partly allowed. (ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside. (iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside. (iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and 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. (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. HC-KAR NC: 2025:KHC:24117 (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. (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. (viii) It is hereby declared that Clause 3.8 of the Bengaluru Mahanagara Palike Building Bye- laws, 2003, providing for ‘Ground Rent’, is illegal and are accordingly quashed and set aside. (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."
In the present writ petition, the core issue raised stands substantially covered and decided by the HC-KAR NC: 2025:KHC:24117 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).
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 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. HC-KAR NC: 2025:KHC:24117
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.
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 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 operative portion of the said writ petition.
In view of the above, this Court proceeds to pass the following: HC-KAR NC: 2025:KHC:24117 ORDER (i) The writ petition is allowed. (ii) The impugned demand notice dated 26.05.2023 issued by respondent No.4 as per Annexure-C is hereby set-aside. (iii) Respondent- BBMP hereby directed to issue fresh/modified plan as the case may be. (iv) Respondent- BBMP is hereby 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 plan shall not be withheld merely on the ground that the 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 subjected to the outcome of any appeal that may be filed by the BBMP against the judgment. HC-KAR NC: 2025:KHC:24117
Pending applications, if any, are also disposed off. (SACHIN SHANKAR MAGADUM) JUDGE
NG List No.: 2 Sl No.: 25
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.