Court confirmed prior rulings invalidating fees for construction permits, emphasizing adherence to legal mandates in fee collections.

ORAL ORDER

The petitioner is seeking for the following reliefs.

"i. Issue a writ or Order by way of Certiorari quashing the Circular dated 04.09.2015, bearing No.Heninayo/JD(N)/DM3/PR/320/2015-16 issued by the respondent No.4 vide Annexure-E insofar the petitioner is concerned.

ii. Issue a writ or order by ay of Certiorari quashing the Government Order bearing No.LD/300/LET/2006 dated 18.01.2007 and the Corrigendum order bearing No.LD/300/LET/2006 dated 28.02.2007 issued by the Respondent No.2 mandating upfront collection of labour welfare cess vide Annexure-F in so far the petitioner is concerned.

iii. Issue a writ or order by way of Certiorari quashing the demand notice dated 21.09.2020 bearing No.BBMP/Ad.Com/RJH/1642/19-20, issued by the Respondent No.3 vide Annexure-D for demanding in so far it is concerned to Labour Cess, Ground Rent, Security Deposit, Revised License Fee and Scrutiny Fee and etc., as illegal, without jurisdiction and arbitrary.

iv. Issue a writ or order or direction by way of mandamus directing the Respondent Nos.3 and 4 BBMP to issue the Modified Sanction Plan for construction of Commercial Professional Office in the Schedule Property without insisting the Labour Cess, Ground Rent, Security Deposit, Revised License Fee, Scrutiny Fee and etc., and v. Pass any such other Orders/s as this Hon'ble Court deem fits under the facts and circumstances of the case, in the interest of justice and equity."

2. The Co-ordinate Benches of this Court, in W.P.No.23086/2022 and connected matters(herein referred to as “ M/s Sapthagiri Shelters ”) as well as W.P.No.36017/2018 and connected matters(herein referred to as “ Sunderam Shetty ”), have comprehensively adjudicated the issue involved and settled the controversy.

3. In Sunderam Shetty and connected cases, the Co-ordinate Bench declared the levies of Ground Rent, License Fee, Building License Fee, and Scrutiny Fee under the relevant bye-laws as ultra vires the Act and quashed the Government Circulars dated 04.09.2015, 27.01.2017, and 30.03.2017.

4. Similarly, in M/s Sapthagiri Shelters and connected matters, the Co-ordinate Bench struck down the Karnataka Act No.01 of 2022 and Karnataka Act No.37 of 2024, holding that linking fees under Rule 37- A of the Karnataka Planning Authority Rules, 1965 to market/guidance value under Section 45-B of the Karnataka Stamp Act, 1957 is illegal. It further quashed all related Circulars and declared Clause 3.8 of the BBMP Building Bye-laws, 2003, pertaining to Ground Rent, as invalid.

5. The issues raised in the present writ petition are squarely covered by the above binding decisions, wherein the relevant bye-laws and government circulars have been set aside.

6. In light of the authoritative pronouncements, the present petition does not warrant separate adjudication and is liable to be allowed in terms of the operative directions issued in the aforesaid writ petitions.

7. Accordingly, this Court proceeds to pass the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned demand notice dated

21.09.2020 issued by respondent No.4 as per Annexure-D is hereby set-aside.

(iii) Respondent - BBMP is hereby directed to issue fresh/modified plan as the case may be.

(iv) Respondent - BBMP is directed to forthwith process the petitioner’s application seeking building license and sanction of the building plan, strictly in accordance with law.

(v) It is made clear that the issuance of the building license and approval of the plan shall not be withheld merely on the ground that the BBMP is contemplating to file an appeal against the reported judgment.

(vi) If the building license and sanction plan are issued, the same shall be subject to the outcome of any appeal that may be filed by the BBMP against the said judgment.