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 land use.

ORDER :

1. The captioned petition is filed seeking the following reliefs:

WHEREFORE, the petitioner respectfully pray that this Hon'ble court may be pleased to:

(i) Issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain other law (amendment) act 2021 act No.1/2022 dated 13/01/2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazette on 13/01/2022 at ANNEXURE-E declaring it to be ultravires and unconstitutional. In so far as petitioner are concerned.

(ii) Issue writ of certiorari or similar writ or order or direction to quash the office order bearing No. ADTP/PR/461/2021-22 dated 09/03/2022 issued by the third respondent at ANNEXURE-F. In so far as petitioner are concerned.

(iii) Issue a writ of certiorari to quash the demand notice bearing no: BBMP/SUT/TVP/ADTP/0236/25-26 dated 21/06/2025, ANNEXURE-B issued by the respondent No.4 Property bearing 57-32-1334, Sy No. ITI Layout 28th A Main road JP Nagar 1st Phase, Bangalore Ward No:178, South zone, Bangalore in so far as demand notice towards. Fee payable to BBMP and Labour cess.

(iv) Issue writ of Certiorari or similar writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/P.A/320/2020-21 dated 14/08/2020 at ANNEXURE-G issued by the 3rd Respondent. In so far as petitioner are concerned.

(v) Issue a writ of Certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning act, 1961 brought into effect by Karnataka act No.23 of 2004 by the respondent No.2 at ANNEXURE-H in so far as 18-A (i)(iv) of Karnataka act No.23 of 2004 is concerned.

In so far as petitioner are concerned.

(vi) Grant an order, direction or writ in the nature of Certiorari quashing the notification issued by the 1st respondent bearing No.UDD 3TTP 2015 dated 25/2/2020 as contained in ANNEXURE-J in so far as the amended Rule 37-A and rule 37-C are concerned. In so far as petitioner are concerned.

(vii) Issue any other appropriate writ or order or direction to the respondents' demand fit in the circumstances of the case in the interest of justice and equity.

(vii) Pass any such other orders as this Hon'ble court deems fit in the facts and circumstances of the case in the interest 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 (Karnataka Act No.01 of 2022), is hereby quashed and set aside.

(iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside.

(iv) It is hereby declared that the provisions contained in Section 18 -A of the Karnataka Town and Country Planning Act, 1961, read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965, are applicable only in respect of ‘Development Plan’ containing the proposal for construction on plots measuring more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters.

(v) It is hereby declared that if fee has been earlier collected for change of land