Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Sachin Shankar Magadum
Valmark Developers Private Limited – Appellant
Versus
State Of Karnataka, Represented By Its Secretary Urban Development Department – Respondent
| 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
Court emphasized the necessity for authorities to comply with judicial orders or face contempt proceedings for non-compliance, reinforcing the rule of law.
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 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 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 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 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 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 court declared certain municipal amendment acts unconstitutional and quashed illegal fees imposed based on market value linkage, affirming prior judicial precedents.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
