Previous judgments rendered by the Court set aside analogous fees and bye-laws as ultra vires and unconstitutional, warranting the allowance of the present writ petition.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.9261 OF 2021 (LB-BMP)

BETWEEN:

MR. MAHAMMAD NAGOORI S/O. MR. N. JABBAR SAHEB AGED ABOUT 44 YEARS R/AT NO.7-8 CROSS ROAD KALIKIRI CHITTOR DISTRICT - 51 7234 ANDRA PRADESH.

…PETITIONER (BY SRI SHISHIRA AMARNATH, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally URBAN DEVELOPMENT DEPARTMENT signed by 4TH FLOOR, VIKAS SOUDHA CHAITHRA AMBEDKAR VEEDHI P BENGALURU - 560 001.

Location:

High Court of Karnataka 2. BRUHAT BENGALURU MAHANAGARA PALIKE N. R. SQUARE BENGALURU - 560 002 REPRESENTED BY ITS COMMISSIONER.

3. ASSISTANT DIRECTOR TOWN MAHADEVPURA RHB COLONY WHITEFIELD MAIN ROAD BENGALURU - 560 048.

4. STATE OF KARNATAKA DEPARTMENT OF LABOUR VIKASA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY.

…respondents (BY SMT. SPOORTHY V. H.C.G.P., FOR R-1, R-3 AND R-4;

SMT. SARITHA KULKARNI, FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE BYE LAW NO.3.9 OF THE BANGALORE MAHANAGARA PALIKE BUILDING BYE-LAWS 2003 ANNX-A AS UNCONSTITUTIONAL, ILLEGAL AND ULTRA VIRES.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Caption petition is filed seeking the following reliefs :-

1. ''Issue a writ in the nature of certiorari or any other appropriate writ of like nature of direction, declaring the bye law no.3.9 of the bangalore mahanagara palike building bye-laws 2003 (ANNEXURE-A) as unconstitutional, illegal and ultra vires.

2. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the demand notice bearing No.BBMP/Ad.Com./MDP/1213/20-21 dated 08.03.2021 (ANNEXURE-B) issued by Respondent No. 3, in so far as it relates to claim made for payment of Rs. 13,617/- towards scrutiny fee at serial no. 1, license fee of Rs. 2,72,349/- at serial no. 3, ground rent gst (including 9%

cgst & 9%sgst) of Rs.2,34,787,/- at serial no. 2, security deposit of Rs.1,78,708/- at serial no. 6, 1% Service charges on labour cess of Rs.10,956/- at serial no. 10 and Rs. 3,27,387/- labour cess payable to Karnataka state building and other construction workers welfare board.

3. Issue a writ in the nature of certiorari or any other appropriate writ quashing the government order bearing G.O No.LD 300 LET 2006 dated 18.01.2007 and the corrigendum therein dated 28.02.2007 direct upfront collection of labour welfare cess , as contained in ANNEXURE-C.

4. Issue a writ of mandamus or similar writ or order or direction directing the Respondent No.2 & 3 to issue the building plan and license pursuant to the demand notice no. BBMP/Ad.Com./MDP/1213/20-21 at ANNEXURE-B.

5. Grant such other and further relief/s, including costs of this petition, as this hon'ble court deems fit, in 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. 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. and Similarly, in M/s Sapthagiri Shelters and connected matters, the Co-ordinate Bench struck down the Karnataka Act No.01 of 2022 and K