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2025 Supreme(Kar) 255
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum, J.
M/S. G.R.C. Infra Pvt. Ltd. – Petitioner
Versus
The State Of Karnataka The Urban Development Department And Ors. - Respondents
Writ Petition No. 23127 of 2024 (LB-BMP)
Decided On : 27-06-2025
Important Points
Subject
Public Law - Administrative Law
Act Referred
KARNATAKA STAMP ACT: S.45(b)
Headnote
(B) Judicial Authority - Coordinate Bench’s decision - The present petition's core issue was resolved by a prior coordinate bench ruling, emphasizing adherence to precedents in judicial decision-making processes. (Para 6)
Facts of the case:
The petitioner challenged several provisions and notices pertaining to development fees imposed by urban planning authorities, arguing their legality and the impact on property development. The coordinate bench's earlier orders were decisive in this case.
Findings of Court:
The court ruled that various statutory provisions and demand notices concerning fees were illegal; thus, the relevant acts were quashed.
Issues: The primary issue pertained to the legality of fee imposition related to land use changes and development plans for smaller plots.
Ratio Decidendi: The court reiterated that previous judgments must guide actions in similar legal contexts, reinforcing legal consistency and predictability in administrative actions regarding land use and planning fees.
Result: Writ petition allowed; impugned notices set aside.
Advocate Appeared:
For the Petitioner:Sri. Sudhakar G.V., Advocate
For the Respondent:Sri. Bopanna B., Aga, Sri. Pawan Kumar, Advocate
| Table of Content |
|---|
| 1. challenge to amendments and notifications (Para 1) |
| 2. court's observations on previous ruling (Para 2 , 3 , 4 , 5 , 6) |
| 3. final order confirming petitioner's rights (Para 7) |
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-R) 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) 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 & Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 (Karnataka Town & Country Planning (Amendment) Act, 1998) as contained in (ANNEXURE-J) insofar 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-H) insofar 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-K) 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-L) insofar 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-M) in so far the Petitioner is concerned.
ix) issue a writ or order by way of certiorari quashing the demand notice dated 21-08- 2024, bearing No.PRJ/3029/2023-24, 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, Scrutiny fee, Betterment charges for building, Security Deposit, Labour cess and etc., as illegal, without jurisdiction and arbitrary.
x) 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 apartment Building in the Schedule Property without insisting the Ground rent, GST on Ground rent, License fee, Scrutiny fee, Betterment charges for building, Security Deposit, Labour cess and etc and
xi) 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 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;
"ORDER
(i) The writ petitions are partly allowed.
(ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnata
