IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 33812 OF 2025 (LB-BMP)

BETWEEN:

M/S BHARTIYA URBAN PRIVATE LIMITED

A COMPANY INCORPORATED UNDER

THE PROVISIONS OF COMPANIES ACT, 1956

HAVING THEIR REGISTERED OFFICE AT

THANISANDRA MAIN ROAD,

THANISANDRA,

BENGALURU - 560 064.

REPRESENTED BY ITS

AUTHORISED REPRESENTATIVE

SRI. DINKAR HERIKUDRU

…PETITIONER

(BY SRI.ASHOK HARANAHALLI, SENIOR COUNSEL FOR

SRI.SAMMITH S., ADVOCATE)

AND:

Digitally signed 1. THE STATE OF KARNATAKA

by

MARKONAHALLI REPRESENTED BY ITS SECRETARY

RAMU PRIYA

DEPARTMENT OF PARLIAMENTARY

Location: HIGH

COURT OF AFFAIRS AND LEGISLATION,

KARNATAKA

GOVERNMENT OF KARNATAKA,

VIDHANA SOUDHA,

BENGALURU - 560 001.

2. DEPARTMENT OF URBAN DEVELOPMENT,

GOVERNMENT OF KARNATAKA,

REPRESENTED BY ITS UNDER SECRETARY,

VIKASA SOUDHA,

BENGALURU - 560 001.

3. THE GREATER BENGALURU AUTHORITY, REPRESENTED BY ITS CHIEF COMMISSIONER, N.R. SQUARE, BENGALURU - 560 002.

4. BENGALURU NORTH CITY CORPORATION, REPRESENTED BY ITS COMMISSIONER, GREATER BENGALURU AUTHORITY, (FORMERLY YELAHANKA ZONAL COMMISSIONER OFFICE), AMRUTHAHALLI MAIN ROAD, BELLARY ROAD, BENGALURU 560092.

5. THE JOINT DIRECTOR, TOWN AND COUNTRY PLANNING NORTH, BENGALURU NORTH CITY CORPORATION, AMRUTHAHALLI MAIN ROAD, BENGALURU - 560 092.

…RESPONDENTS (BY SRI.B.BOPANNA, ADVOCATE FOR R1 & R2;

SRI.K.B.MONESH KUMAR, ADVOCATE FOR R3 & R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE SECTION 18-A OF KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 AS INSERTED BY SECTION 6 OF KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 1988 (KARNATAKA ACT NO.23 OF 2004) AS CONTAINED IN ANNEXURE-C AS BEING ULTRA VIRES THE CONSTITUTION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

In this writ petition, the petitioner has sought for a writ in the nature of certiorari to quash the demand notice bearing No.JDTP/LP/25/2010-11 dated 24.10.2025 directing it to deposit a sum of Rs.23,15,29,588/- (Rupees Twenty Three Crores Fifteen Lakhs Twenty Nine Thousand Five Hundred and Eighty Eight only) which includes Rs.76,65,000/- (Rupees Seventy Six Lakhs Sixty Five Thousand only) towards the compounding fee for deviation in the constructed area, scrutiny fees, ground rent with applicable GST and Rs.22,38,64,588/- (Rupees Twenty Two Crores Thirty Eight Lakhs Sixty Four Thousand Five Hundred and Eighty Eight only) towards the arrears of fees. The petitioner has also sought for a writ in the nature of mandamus to direct Respondent No.4 to issue partial occupancy certificate without insisting of payment of a sum of Rs.23,15,29,588/- (Rupees Twenty Three Crores Fifteen Lakhs Twenty Nine Thousand Five Hundred and Eighty Eight only) of which Rs.76,65,000/- (Rupees Seventy Six Lakhs Sixty Five Thousand only) is towards compounding fee and Rs.22,38,64,588/- (Rupees Twenty Two Crores Thirty Eight Lakhs Sixty Four Thousand Five Hundred and Eighty Eight only) is towards the arrears of fees.

2(i). Though the petition is elaborate, the necessary facts for consideration of this writ petition are that the respondent-the erstwhile Bruhath Bengaluru Mahanagara Palike (BBMP) had imposed ground rent, license fee, scrutiny fee, inspection charges etc., and a Co-ordinate Bench of this Court in W.P.No.9949 of 2021 (LB-BMP), had quashed the demand as there was no corresponding law which enabled the Corporation to collect the said charges. Later, the State Government issued a Validation Act validating the collection of the above charges, which again was challenged before this Court and a Co-ordinate Bench of this court in W.P.No.23086 of 2022 (LB-BMP) and connected matters quashed the Validation Act. The same is now challenged in Writ Appeal No.1050 of 2025 (LB- BMP), where the Division Bench, in terms of an interim order dated 23.07.2025, had stayed the order passed by the Co-ordin