Writ petition allowed as previously settled principles deemed unconstitutional regarding municipal fees and demands.

ORAL ORDER

The captioned petition is filed seeking for the following reliefs:

"WHEREFORE, the Petitioners most respectfully prays that this Hon'ble Court be pleased to:

a) Grant an order, direction or writ in the nature of Certiorari quashing Bye-Law 3.9 of the Bangalore Mahanagara Palike Building Bye- Laws, 2003 as unconstitutional, arbitrary, illegal and ultra-vires, in the interest of justice and equity;

b) Grant an order, direction or writ in the nature of Certiorari quashing the Notification issued by the Respondent No. 2 bearing No. UDD 3 TPP2015 dated February 25, 2020 (Annexure G) insofar as the inserted Rules 37-A and 37-C are concerned;

c) Grant an order, direction or writ in the nature of Certiorari quashing the circular dated August 14, 2020, bearing No. He.Ni. Ka.Pa.Ko/P.R/320/2020-21 issued by the Respondent No. 4 (Annexure H) in so far the Petitioners are concerned.

d) Grant an order, direction or writ in the nature of Certiorari quashing the Government Order bearing No.LD/300/LET/2006 dated January 18, 2007 (Annexure J) and the corrigendum order bearing No.LD/300/LET/2006, dated February 28, 2007 (Annexure K) issued by the Respondent No.2 mandating upfront collection of labour welfare cess in so far the Petitioners are concerned.

e) Grant an order, direction or writ in the nature of Certiorari quashing the Circular bearing No. He. Ni. Na.Yo/JD(N)/DM3/PR/320/2015-16 dated September 04, 2015 (Annexure L) issued by the Respondent No.2 is so far as levy and collection of "Licence Fee';

f) Grant a Writ or order or direction, in the nature of Certiorari, quashing the Impugned Demand Notice bearing BBMP/Addl.Dir/JDEAST /0225/20-21 dated December 05, 2021 by the Respondent No. 5 (Annexure A) as regards the demand made for:-

• Scrutiny Fee at Serial No. 1;

• License Fee at Serial No. 2;

• Ground Rent at Serial No. 3;

• Betterment Fees for Building at Serial No. 4;

• Site Development Charges at Serial No. 5;

• Fee for additional application at Serial No. 6;

• Security Deposit at Serial No. 7;

• Lake Rejuvenation Fee at Serial No.

8;

• Compound Fee at Serial No. 9;

• Road Cutting Charges at Serial No.

10;

• Water Supply, Slum Board, Ring Road MRTS at Serial Nos. 12, 13, 14, 15 along with surcharges; and • Labour Cess.

g) Grant an order, direction or writ in the nature of Mandamus directing the Respondent Nos.4 and 5 BBMP to issue the sanction plan for construction of the Project in the Property, without insisting payment of Ground Rent, GST on Ground Rent, Betterment Charges for Building, Betterment Charges for Site, Security Deposit, License fee, Scrutiny 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 and etc., and h) Grant such other reliefs as this Hon'ble Court deems fit in the above circumstances of the case, in the interests 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 Karnataka Act No.37 of

2024, holding that linking fees under Rule 37-A of the Karnataka Planning Authority Rules, 1965 to market/gui