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2025 Supreme(Kar) 2258

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, K. V. ARAVIND
Laxman S/o Hanamanthappa Bidari – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri.Ajay Kumar.A.K. Advocate, Sri.H.Srinivas Rao Advocate
For the Respondent:Sri.Y.H.Vijayakumar, AAG Along With Sri.K.S.Rahul Cariappa, AGA And Sri.S.S.Halalli, Advocate, Sri.Yogish.D. Naik Adv.

Table of Content
1. challenge to cess imposed for lake rejuvenation (Para 1 , 2)
2. amendment impacts validity of prior provisions (Para 3 , 4)
3. judicial observations on legislative competency (Para 5 , 6 , 7 , 8)
4. ruling based on constitutional provisions and precedents (Para 9)
5. appeal lacks merit and is dismissed (Para 10)

JUDGMENT :

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

Heard the learned counsel for the appellants.

2. Under challenge in the Writ Petition was an order imposing cess/fees for lake rejuvenation under purported exercise of powers conferred by clause (v) of Section 18A(1) of the Karnataka Town and Country Planning (Amendment) Act, 2011, Amendment Act, 2011. The aforesaid provision of the Amendment Act, 2011 was also challenged. The learned single Judge relying upon an order dated 21.01.2015 passed in W.P.No.103406/2013 and connected petitions, wherein similar questions were raised, had noted observations made in previous judgments and found that the petition is squarely covered by the order passed in the aforesaid W.P.No.103406/2013, which would enable the Municipal Authorities to impose the cess/fee.

3. Learned counsel for the appellant has filed I.A.No.1/2017 and p

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