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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Kailash Ashrama Mahasamsthana Trust – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioners seek quashing of various legislative and administrative actions. (Para 2 , 3 , 4 , 5 , 6) |
| 2. previous rulings impact current case with substantial overlap in legal reasoning. (Para 7 , 8) |
| 3. certain provisions and fees deemed illegal, affecting smaller development projects. (Para 9 , 10 , 11) |
| 4. writ petitions allowed, directing issuance of building approvals. (Para 12) |
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 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 court quashed the unconstitutional amendments, declaring prior fees as sufficient for development plans, prohibiting additional charges linked to market value.
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 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 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 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 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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