The court quashed the unconstitutional amendments, declaring prior fees as sufficient for development plans, prohibiting additional charges linked to market value.

ORDER :

SACHIN SHANKAR MAGADUM, J.

The petitioners in W.P.No.24727/2022 are seeking for the following reliefs.

"i. Issue a writ of certiorari or similar writ or order or direction to quash the demand notice dated 29/11/2022, bearing No.BBMP/Ad.com/RJH/1629/20-21 issued by Respondent No.4 vide ANNEXURE-A in so far it relates to the demand for payment of Scrutiny fee, License fee, KTCP ACT betterment fee for building, betterment fee for site area, security deposit, lake rejuvenation fee, Administrative charges, ground rent including 18% GST, Road cutting, compound wall fee, water supply scheme, Ring Road, improving the slum, mass rapid transport system, 5% levy and Collection of surcharge payable to BBMP produced at ANNEXURE-A as illegal without jurisdiction and arbitrary.

ii. To 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-V as being ultra vires the constitution of India in so far as petitioners are concerned.

iii. To declare that Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on13/01/2022 ANNEXURE- V is in violation/contrary to the decision of this Hon'ble Court in W.P.No.4601/2020 (LB-BMP) which is at Annexure-T.

iv. Grant an order direction or writ in the nature of certiorari quashing the office Order No.Ha. Ni.Na. Yo/PR/461/2021-22 dated:-09/03/2022 issued by Respondent No.3 as contained in ANNEXURE-W in so far the Petitioners are concerned.

v. 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 and Country Planning (Amendment) act 1998) as contained in ANNEXURE -N insofar as section 18-A(i) and (iv) of the Karnataka Act NO.23 of 2004 is concerned.

vi. 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 25/2/2020 vide ANNEXURE-M as contained insofar as the RUE 37 A and 37 C is concerned.

vii. Issue writ or order by way of certiorari quashing the circular date:-14/8/2020 bearing No. HE.NI.ΚΑ.ΡΑ.ΚO/PR/320/2020-21 issued by Respondent No.3 ANNEXURE-P in so far as the petitioners are concerned.

viii. Issue writ or order by way of certiorari quashing the Notification issued by Respondent No.1 bearing No. UDD 23 TTP 2020 (E) Dated21/6/2021 as contained in ANNEXURE -Q in so far as the inserted Rule 37 A and37 C is concerned.

ix. Issue writ or order by way of certiorari quashing the Circular date 24/06/2021 bearing No. HE.NI.NA.YO/PR/320/2021-22 issued by Respondent No.3 ANNEXURE-R in so far as the petitioners are concerned.

x. Issue 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 Scrutiny fee, License fee, KTCP ACT betterment fee for building, betterment fee for site area, security deposit, lake rejuvenation fee, Administrative charges, ground rent including 18% GST, Road cutting, compound wall fee, water supply scheme, Ring Road, improving the slum, mass rapid transport system, and xi. Issue any other appropriate writ or order or direction deemed fit in the circumstances of the case in the interest of justice and equity."

2. The petitioners in W.P.No.15443/2022 are 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 Cons