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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R.DEVDAS
Sapthagiri Shelters – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
R. DEVDAS, J.
As a fall out of the judgment rendered by a co-ordinate Bench of this Court declaring the Bye-laws under which ground rent, licence fee, scrutiny fee, security deposit etc., was sought to be levied, as ultra vires the Act and therefore unenforceable at the hands of Bruhat Bengaluru Mahanagara Palike (for short ‘BBMP’), amendments were made to the BBMP Act. Several hundreds of petitions are filed by residents and builders raising a challenge to the amendments and the consequential imposts/levy in terms of demands raised by the respondent – BBMP. Therefore, all these writ petitions are clubbed and heard together and disposed of by this common order.
2. In Mr. Sunderam Shetty and Others Vs. State of Karnataka rep. by its Secretary, Urban Development Department and Others, ILR 2021 KAR 3968 – the co-ordinate bench considered whether the impugned imposts/fee suffer from want of legal sanction, insofar as ground rent, licence fee, scrutiny fee, security deposit, lake rejuvenation fee, service charges at 1% of the amount payable to the Palike from out of Building Construction Workers cess – Labour cess. It was held that the levy and collection did not have any legal bas
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