The introduction of Premium Floor Area Ratio under Section 18B of the Karnataka Town and Country Planning Act is constitutional and does not violate landowners' rights, balancing public interests and individual development rights.

ORDER :

M.I.ARUN, J.

1. Certain lands belonging to the petitioners in and around Bengaluru have been acquired by the State authorities for public purpose. As compensation for the said acquisition, the petitioners opted for Transferable Development Rights (TDR) instead of monetary compensation and the same has been granted to them. Thereafter, an amendment is brought to the provisions of the Karnataka Town and Country Planning Act, 1961 (for short hereinafter referred to as ‘the Act’) by way of introducing Section 18B, by which, the State has introduced a concept of Premium Floor Area Ratio (FAR). Thereafter, the relevant Rules have been amended and also certain notifications have been issued to give effect to the concept of premium FAR. Aggrieved by the same, the present writ petitions are filed.

2. The prayers in W.P.No.11201/2025 are as follows:

"a. Issue a writ in the nature of declaration or any other writ, order, or direction of similar nature declaring Section18-B of the Karnataka Town and Country Planning Act, 1961 inserted vide Act No. 25 of 2020 unconstitutional and contrary to Section 14B of Karnataka Town and Country Planning Act;

b. Issue a writ of Certiorari or any other writ, order, direction of similar nature quashing the Notification bearing number UDD 78 MNJ 2024 (E) dated 2.4.2025 issued by Respondent No.2 produced at Annexure-A;

c. Issue a writ of Certiorari or any other writ, order, direction of similar nature quashing Rule 37-E of the Karnataka Planning Authority Rules 1965;

d. Pass such other orders that this Hon'ble Court may deem fit in the facts and circumstances of the present case, in the interest of justice."

3. The prayers in W.P.No.6347/2025 are as follows:

"1. Issue a writ of certiorari or any other appropriate writ, order, or direction quashing Notification No. UDD 78 MNJ 2024 (E), dated 21.02.2025 vide ANNEXURE A, issued by the Government of Karnataka (Respondent no 02), as being arbitrary, unconstitutional, and ultra vires the Karnataka Town and Country Planning Act, 1961 , and the Constitution of India.

1(A). Issue a writ of certiorari or any other appropriate writ, order, or direction quashing Notification No. UDD 78 MNJ 2024 (E), dated 02.04.2025 vide (ANNEXURE F), issued by the Government of Karnataka (Respondent no 02), as being arbitrary, unconstitutional, and ultra vires the Karnataka Town and Country Planning Act, 1961 , and the Constitution of India.

1(B). Issue a writ, order, or direction of similar nature declaring Section 18-B of the Karnataka Town and Country Planning Act, 1961 , inserted by Act No. 25 of 2020, as unconstitutional, manifestly arbitrary, and contrary to the scheme and intent of Section 14-B of the .

1(C). Issue a writ, order, or direction of similar nature quashing Rule 37-E of the Karnataka Planning Authority Rules, 1965 , as being ultra vires the parent Act, unconstitutional, and contrary to the statutory framework.

2. Declare that the introduction of Premium FAR through the impugned notification is contrary to established urban planning norms and violates the principles of equitable development, public safety, and infrastructure adequacy.

3. Issue a writ of Mandamus or any other appropriate writ, order, or direction by directing the Respondents to duly consider and address the representations and objections submitted by the petitioners vide ANNEXURE D.

4. Issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondents to grant the pending Transferable Development Rights (TDR) certificates to landowners whose land ha