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2025 Supreme(Kar) 219
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM, J.
Rajendra Baglodi S/o Shivaji Rao - Appellant
Versus
The State of Karnataka - Respondent
Writ Petition No. 17441 of 2025
Decided On : 02-07-2025
Important Points
Subject
Constitutional Law - Writ Jurisdiction
Act Referred
KARNATAKA STAMP ACT: S.45(b)
Headnote
Facts of the case:
The petitioner sought various declarations against multiple amendments and acts concerning municipal regulations, claiming they were unconstitutional and contrary to existing court decisions.
Findings of Court:
The court ruled that both Karnataka Municipal Corporations and Certain Other Law (Amendment) Acts were illegal, established limitations on fee collection for land use changes, and invalidated related circulars and demand notices.
Issues: The legal challenges questioned the constitutionality of municipal amendment acts and the legality of fee assessments for smaller plots.
Ratio Decidendi: The court reiterated the principles of legality, confirming all amendments inconsistent with previous judgments were to be quashed, thereby upholding citizens' rights against unlawful fee imposition.
Result: Writ petition allowed, all implicated demands and acts quashed, and BBMP directed to process the petitioner's building application without undue delay.
Advocate Appeared:
For the Appellant : M. Ramaswamy
For the Respondents: H.K. Kenche Gowda, Pawan Kumar
| Table of Content |
|---|
| 1. petitioner seeks various reliefs regarding municipal regulations. (Para 1) |
| 2. court confirms previous judgments affecting municipal laws. (Para 2 , 3 , 4 , 5 , 6) |
| 3. writ petition allowed with specific orders for action. (Para 7) |
ORDER :
1. The captioned petition is filed seeking the following reliefs:
(i) Declaring that the entire Karnataka Municipal Corporations and certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on 13.01.2022 (Annexure-R) as being ultra virus the constitution in so far, the petitioner is concerned;
(ii) To declare that Karnataka Municipal Corporation and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on 13.01.2022 (Annexure-R) is in violation/contrary to the decision of this Hon'ble Court in W.P.No.4601/2020 (LB-BMP) which is at Annexure-P;
(iii) Grant an order, direction or writ in the nature of certiorari quashing the Office Order No.HaNiNaYo/PR/461/2021-22 dated 09.03.2022 issued by Respondent No.3 as contained in (Annexure-S) in so far, the petitioner is concerned;
(iv) Grant an order, direction or writ in the nature of Certiorari quashing 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)) as contained in (Annexure-K) in so far as Section 18 -A(i) and (iv) of the Karnataka Act No.23 of 2004 is concerned;
(v) Grant an order, direction or writ in the nature of Certiorari, quashing the Notification issued by the 1st respondent bearing No. UDD 3 TTP 2015 dated 25.02.2020 as contained in (Annexure-J) in so far as the inserted Rule 37-A and 37-C is concerned;
(vi) Issue a writ or order by way of certiorari quashing the Circular Dated 14.08.2020, bearing No. He.Ni.Ka.Pa.Ko/P.R/320/2020-21 issued by the respondent no.3 (Annexure-L) in so far the petitioner is concerned;
(vii) Grant an order, direction or writ in the nature of certiorari quashing the notification issued by the 1st respondent bearing No.UDD 23 TTP 2020 (E) dated 21.06.2021 as contained in (Annexure-M) in so far as the inserted Rule 37-A and 37-C is concerned;
(viii) Issue a writ or order by way of certiorari quashing the Circular dated 24.06.2021, bearing No. He.Ni.Na.Yo/P.R/320/2020-21, issued by the respondent no.3 (Annexure-N) in so far the petitioner is concerned;
(ix) To declare that, the entire Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 notified on 16.08.2024 vide Notification bearing No.DPAL 36 Shasana 2023, Bengaluru issued by the respondent no.2 (Annexure-T1) as being ultra-virus the constitution of india.
(x) Issue a writ or order by way of certiorari quashing the demand notice dated 19.04.2025, bearing no.BBMP/Ad.Com/EST/0023/25-26, issued by the respondent no.4 (Annexure-D) for demanding in so far it is concerned to ground rent, GST on ground rent, Licence fee, Scrutiny fee, Betterment charges for building betterment charges for site, security deposit, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation of outer ring road, Cess for improvement of slum, Surcharge for Mass Rapid Transport System, Labour Cess and etc, as illegal without jurisdiction and arbitrary.
(xi) Issue a writ or order or direction by way of mandamus directing the respondent no.3 and 4 BBMP to issue the sanction plan for construction of the residential building in the schedule property without insisting for the Ground Rent, GST on ground rent, Licence fee, Scrutiny fee, Betterment charges for building, Betterment charges for site security deposit, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation of outer ring road, Cess for improvement of slum and Surcharge for Mass Rapid Transport System, Labour cess.
(xii) Pass any such other order(s) as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."
2. It is brought to the notice of t
