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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum
M.N. Rakesh Kumar – Appellant
Versus
State Of Karnataka Represented By Its Secretary, 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) No.DPAL.50SHASANA 2021 notified on 13/01/2022 (Annexure-Q) as being ultra vires the Constitution in so far the Petitioner is concerned 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) No.DPAL.50SHASANA 2021 notified on 13/01/2022 (Annexure-Q) as the impugned Act is an in verbatim reproduction of the Ordinance dated 16/11/2021 is concerned.
iii) Grant an order, direction or writ in the nature of certiorari quashing the Office Order No. HaNiNaYo/PR/461/2021-22 dated 09/12/2021 issued by Respondent No.3 as contained in (Annexure-P) 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 & Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 dated 03.06.2024 (Karnataka Town & Country Planning (Amendment) Act) as conta
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 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 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....
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.
Court emphasized the necessity for authorities to comply with judicial orders or face contempt proceedings for non-compliance, reinforcing the rule of law.
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