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2025 Supreme(Kar) 1556

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum, J.
M/S Valmark Developers Private Limited - Petitioner
Versus
State Of Karnataka, Represented By Its Secretary Urban Development Department And Ors. - Respondents
Writ Petition No. 14087 of 2025 (LB-BMP)
Decided On : 12-08-2025

Advocates Appeared:
For the Petitioner:Sri. T.P. Vivekananda, Advocate
For the Respondent:Sri. H.K. Kenchegowda, Aga, Sri. K.B. Monesh Kumar, Advocate

Court emphasized the necessity for authorities to comply with judicial orders or face contempt proceedings for non-compliance, reinforcing the rule of law.

Headnote:(A) Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021, Act No. 1/2022 - Karnataka Town and Country Planning Act, 1961 - Sections 18-A and Rule 37-A - Writ of certiorari sought to quash several provisions and demand notices deemed unconstitutional and ultravires. (Paras 5, 6, 15)

(B) Judicial authority - Principles of compliance and contempt - Authorities must comply with court orders or face potential contempt proceedings, highlighting the rule of law and judicial adherence. (Paras 10, 14)

Facts of the case:
Petitioner sought relief to quash amendments and demand notices after being denied a modified plan from BBMP despite interim court directives. Efforts to secure a modified plan led to non-compliance from the respondents, citing ongoing appeals and administrative delays. (Para 1-3)

Findings of Court:
The court ruled all contested acts and demands as unconstitutional, quashing the notices, and instructing BBMP to issue the modified plan upon securing an indemnity bond within two weeks. (Paras 5, 15)

Issues: Whether the amendments acted upon by the BBMP were constitutional and whether the ongoing appeal justified their non-compliance with court orders. (Para 5, 10)

Ratio Decidendi: The court asserted that deliberate non-compliance with judicial orders constitutes contempt, emphasizing legal obligation to uphold court directives irrespective of administrative hierarchies or ongoing appeals. (Para 10, 14)

Result: Writ petition allowed; demand notice quashed; BBMP directed to issue the modified plan within stipulated time. (Paras 15)

Table of Content
1. petitioner's request for reliefs. (Para 1)
2. affidavit highlights ongoing compliance issues. (Para 2 , 3)
3. bbmp's response counters petitioner's claims. (Para 4)
4. court's analysis on compliance and contempt. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
5. deciding on contempt and compliance of court orders. (Para 14)
6. final order and directions for bbmp. (Para 15)

ORDER :

Sachin Shankar Magadum, J.

This petition is filed seeking following reliefs:

"i) issue a writ of certiorari or similar writ or order or direction to quash the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 Act No.1/2022 dated 13.01.2022 enacted by the second respondent published through notification bearing No.DPAL 50 SHASANA 2021 gazetted on 13.01.2022 at Annexure-K declaring it to be ultravires and unconstitutional.

ii) issue writ of certiorari or similar writ or order or direction to quash the Office Order bearing No.ADTP/PR/461/2021-22 dated 9.3.2022 issued by the 4th respondent at Annexure -L.

iii) issue a writ of certiorari to quash the demand notice/Challan No.BBMP/EoDB/CH/3547/25-26 LP No.BBMP/Addl.Dir/JDSOUTH/0053/24-25 dated 24.04.2025 at Annexure -J issued by the Respondent No.5 in so far as demand towards scrutiny Fee of Rs.2,75,174/-, license fee of Rs.74,24,990/-, Betterment fee for building in a sum of Rs.16,50,466/-, security deposit of Rs.41,26,165/-, ground Rent (including GST) of Rs.43,81,988/-, Cess towards BWSSB in a sum of Rs.1,56,794/-, Cess towards Ring Road in a sum of Rs.1,56,794/-, Cess towards Improving the slums in a sum of Rs.78,397/-, cess towards MRTS in a sum of Rs.7,83,971/-, 5% levy on service charges in a sum of Rs.61,894/- and labour cess of Rs.1,37,33,323/- are concerned.

iv) issue Writ of Certiorari or similar Writ, order or direction to quash the Circular bearing No.He.Ni.Ka.Pa.Ko/ P.R/320/2020-21 dated 14.08.2020 at Annexure-M issued by the 4th Respondent.

v) issue a writ of certiorari or similar writ or order or direction to quash provisions of section 18-A of Karnataka Town and Country Planning Act, 1961 brought into effect by Karnataka Act No.23 of 2004 by the 1st Respondent at Annexure-N in so far as 18-A(i) and (iv) of 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 25.02.2020 as contained in ANNEXURE-P in so far as the amended Rule 37-A and Rule 37-C are concerned. vii) issue writ of mandamus or similar writ or order or direction declaring that The Bruhat Bengaluru Mahanagara Palike and certain other Law (Amendment) Act, 2023 (Karnataka Act No.37/2024 issued by 2nd Respondent produced at Annexure-Q is ultravires to the Constitution of India and quash the same.

viii) issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case."

2. Though this Court was inclined to dispose of the petition, the petitioner's counsel referring to the affidavit filed on 14.07.2025 brought to the notice of this Court that despite representation dated 22.5.2025 submitted by the petitioner enclosing the interim order granted by this Court, the respondents are yet to issue modified plan.

3. The petitioner has also submitted an affidavit before this Court on 14.7.2025 undertaking to execute an indemnity bond as per the interim order for securing payment of demands. Para 8 would be relevant. Same is extracted, which reads as under:

"8. I submit that to show our bonafides, without prejudice to the contentions urged in the Writ Petition we have been advised to file this affidavit to the following effect:

a) Notwithstanding the order passed in WP No.23086/2022 we are ready to deposit the demand amount in terms of the interim order dated 15.05.2025 passed by this Hon'ble Court.

b) We are ready to submit indemnity bond to secure the payment of the demands which are stayed by this Honb'le Court.

c) We will abid

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