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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Narayanamma, W/o Late Sri. N.krishnappa – Appellant
Versus
State Of Karnataka Urban Development Department – Respondent
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 on13/01/2
The court quashed the unconstitutional amendments, declaring prior fees as sufficient for development plans, prohibiting additional charges linked to market value.
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 held the amendments concerning municipal corporations illegal, reaffirming judicial precedent on land fee structures and their applicability only to larger development proposals.
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 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 court declared certain municipal amendment acts unconstitutional and quashed illegal fees imposed based on market value linkage, affirming prior judicial precedents.
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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