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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum
Ezzy Central – Appellant
Versus
State Of Karnataka, The Urban Development Department – Respondent
ORDER :
Sachin Shankar Magadum, J.
This petition is filed seeking the following reliefs:-
“i) Grant an order 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-H) as being ultra vires the Constitution in so far the Petitioner is concerned.
ii) To declare that Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No. 01 of 2022) notified on 13/01/2022 (ANNEXURE-H) is in violation/contrary to the decision of this Hon'ble Court in W.P No.4601/2020 (LB-BMP) ANNEXURE-F.
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-J) in so far the Petitioner is concerned.
iv) issue a writ or order by way of certiorari quashing the demand notice dated 04/07/2024 bearing No.BBMP/Addl.Dir/JD NORTH/LP/0164/2017-18, issued by the Respondent No.4 (Annexure-D) for demanding in so far it is concerned to Ground rent, GST on Ground rent, License fee and Scrutiny fee as illegal, without jurisdiction and arbitrary.
v) issue a wr
The amendments to municipal laws were declared illegal, and prior fees associated with development plans for smaller plots were deemed unenforceable, following a coordinate bench ruling.
The court confirmed that municipal amendments are unconstitutional if they conflict with prior judicial rulings and declared illegal the imposition of certain fees associated with development plannin....
The court held the amendments concerning municipal corporations illegal, reaffirming judicial precedent on land fee structures and their applicability only to larger development proposals.
The court affirmed that provisions imposing fees on smaller plots and linking them to market value are illegal, ensuring adherence to prior authoritative rulings.
The High Court quashed amendments deemed unconstitutional, establishing fees for development plans apply only to larger plots and declaring prior fee collections prevent new levies.
The court declared certain municipal amendment acts unconstitutional and quashed illegal fees imposed based on market value linkage, affirming prior judicial precedents.
The court quashed the unconstitutional amendments, declaring prior fees as sufficient for development plans, prohibiting additional charges linked to market value.
The amendments to the Karnataka Municipal Corporations and Town Planning acts involving fee levies are unconstitutional and only applicable to larger plots, prohibiting duplicate fees for changes in ....
The Court declared the Karnataka Municipal Corporations Amendment Act, 2021 and related demands unconstitutional, emphasizing the illegality of fee linkage to market value and ensuring no double char....
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