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 charges for planning approvals.

ORDER :

SACHIN SHANKAR MAGADUM, J.

The petitioner in W.P.No.1570/2025 is seeking for 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 WP No. 4238 of 2025 HC-KAR AND 3 OTHERS in so far, 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 (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 and Country Planning Act, 1961 brought into effect by Karnataka Act No. 23 of 2004 (Karnataka Town and Country Planning (Amendment) Act, 1998) as contained in (Annexure-K) 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-J) 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-L) 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-M) 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-N) in so far the petitioner is concerned.

ix) To declare that the entire Bruhat Bengaluru Mahanagara Palike and Certain Other Law (Amendment) Act, 2023 notified on 16/08/2024 vide Notification bearing No.DPAL 36 Shasana 2023, Bengaluru issued by the Respondent No.2 (Annexure-T1) as being ultra vires the constitution of India.

x) Issue a writ or order by way of certiorari quashing the demand notice dated 27/11/2024, bearing No.BBMP/ Ad.COM/WST/0613/24-25, 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, Betterment charges for site, security deposit, Lake Rejuvenation fee, cess for water supply scheme, surcharge for formation outer ring road, cess for improvement of slum, labour cess and etc., as illegal, without jurisdiction and arbitrary.

xi) 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 building in the Schedule Property without insisting the Ground rent, GST on Ground rent, License fee, scrutiny fee, Betterment charges for building, Betterment charges for site security deposit, lake rejuvenation fee, cess for water supply scheme, surcharge for formation outer ring road, cess for improvement of slum and surcharge for mass rapid transport system, labour ces