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.

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 (ΑΝNEXURE-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 03.06.2004 (Karnataka Town & Country Planning (Amendment) Act) 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 1^st 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 1^st 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 26-09- 2024, bearing LP No.:BBMP/Addl.Dir/ JDNORTH/0014/24-25, issued by the Respondent No.3 and 4 (Annexure-D) for demanding in so far it is concerned to Ground rent, GST on Ground rent, License fee, scrutiny fee, 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 for issue of New (Fresh Plan Sanction) sanction building in the Schedule Property without insisting the Ground rent (including GST), License fee, scrutiny fee, security deposit, Lake Rejuvenation Fee, Compound Wall Fee, Water Supply Scheme (BWSSB), Ring Road (BDA), Improving the Slums (KSCB), MRTS (BDA), 5% Levy service charges, 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 cu