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2025 Supreme(Online)(Kar) 20082
KARNATAKA HIGH COURT
SACHIN SHANKAR MAGADUM, J
SRI M. SHIVAPRAKASH – Appellant
Versus
THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT – Respondent
WRIT PETITION NO.5088 OF 2025 (LB-BMP)
For the Appellants/Petitioners: SRI SRIDHAR B.R.
For the Respondents: SRI H.K. KENCHEGOWDA, AGA FOR R-1 AND R-2, SRI K.B. MONESH KUMAR
The Karnataka Municipal Corporations (Amendment) Act was declared unconstitutional, and the court emphasized that binding judgments in previous cases hold precedent for similar issues.
Headnote:(A) Constitution of India - Articles 226 and 227 - Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.1 of 2022) - Petition filed challenging constitutionality of the Act - The Court declared the Act ultra vires as it violated constitutional provisions. (Para 1)
(B) Writ petitions - Binding judgments - The court held that the present case was covered by a previous judgment quashing the same legislation, reinforcing the principle that subsequent petitions on identical issues are not maintainable. (Para 3)
Facts of the case:
The petitioner sought a declaration that the entire Karnataka Municipal Corporations Act was unconstitutional and challenged the demand notice for various fees.
Findings of Court:
The court quashed the impugned Act and demand notices, directing BBMP to process the petitioner’s building license application.
Issues: The validity of the Karnataka Municipal Corporations Act and impugned fees against constitutional provisions.
Ratio Decidendi: The provisions of the amended Act were found unconstitutional as they infringed established legal principles guiding development fees and planning laws.
Result: Writ petition allowed, demand notices quashed.
| Table of Content |
|---|
| 1. petitioner challenges the constitutionality of an amendment. (Para 2) |
| 2. previous ruling impacts current case. (Para 3 , 4 , 5) |
| 3. court's directives on demand notices and approvals. (Para 6) |
ORAL ORDER
Caption petition is filed seeking the following reliefs :-
"i. Grant an order declaring that the entire Karnataka Municipal Corporations and Certain other Law (Amendment) Act, 2021 (Karnataka Act No.1/2022)
notified on 13/1/2022 (Annexure-K) as being Ultra virus of the Constitution insofar the petitioner is concerned;
ii. To declare that the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) notified on 13/1/2022 is in violation/contrary to the decision of this Hon'ble Court in W.P.No.4601/ 2020 (LB-BBMP) which is at Annexure-H iii. Issue a writ or order by way of certiorari quashing the demand notice bearing LP No. BBMP/ Ad.Com/EST/0218/24-25 dated 28/05/2024, issued by the Respondent No.4 at Annexure-G1 & G2 for demand insofar it is concerned to Ground rent, GST on Ground rent, License fee, scrutiny fee Betterment charges for building, Betterment charges for site, security deposit, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation outer ring road, Cess for improvement of slum, Surcharge for Mass Rapid Transport System, Labour Cess etc., as illegal, without jurisdiction and arbitrary.
iv. Issue a writ or order or direction by way of mandamus directing the Respondent No.3 and 4 BBMP to sanction the House plan for construction of dwelling house in the Schedule property without insisting the ground rent, GST on Ground rent, License fee, scrutiny fee, Betterment charges for building, Betterment charges for site, security deposit, Lake Rejuvenation fee, Cess for water supply scheme, Surcharge for formation outer ring road Cess for improvement of slum and surcharge for Mass Rapid Transport System, Labour Cess and v. Pass any such other order(s) as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity."
2. It is brought to the notice of this Court that across the Bar, the issue is dealt by the Co-ordinate Bench in the reported judgment in W.P.No.23086/2022 and connected matters. The Co-ordinate Bench, while deciding the issue, has set-aside the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022) and the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024). Therefore, this Court deems it fit to cull out the operative portion of the order, which reads as under;
"ORDER (i) The writ petitions are partly allowed.
(ii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 (Karnataka Act No.01 of 2022), is hereby quashed and set aside.
(iii) The Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2023, (Karnataka Act No.37 of 2024), is hereby quashed and set aside.
(iv) It is hereby declared that the provisions contained in Section 18-A of the Karnataka Town and Country Planning Act, 1961 , read with Rules 37-A and 37-C of the Karnataka Planning Authority Rules, 1965 , are applicable only in respect of ‘Development Plan’ containing the proposal for construction on plots measuring more than 20,000 square meters in extent and not in respect of plots measuring less than 20,000 square meters.
(v) It is hereby declared that if fee has been earlier collected for change of land use or while approving a layout plan, fee shall not be collected for subsequent ‘Development Plan’ in terms of the ‘Note’ found below TABLE I of Rule 37-A of the Karnataka Planning Authority Rules, 1965 .
(vi) It is hereby declared that the linking of the fee leviable under Rule 37-A of the Karnataka Planning Authority Rules, 1965 , to the ‘market value’ or ‘guidance value’ as determined under Section 45-B of the Karnataka Stamp Act, 1957 , is illegal. However, liberty i
