IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE A S BOPANNA

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 22 ND DAY OF FEBRUARY 2013 BEFORE THE HON BLE MR. JUSTICE A S BOPANNA W.P.No.21079/2012 (LB-TAX), c/w W.P.Nos.10702/2009, 10703/2009, /2009, 11531/2009, 11532/2009, 11533/2009, 11534/2009, 11535/2009, 11537/2009, 11538/2009, 11539/2009, 12095/2009, /2009, /2009, 12517/2009, 12518/2009, 12519/2009, 12489/2009, 10835/2009, /2009, 12046/2009, /2009 (LB-BMP) & /2009 (LB-TAX) W.P.No.21079/2012 M/S ISLAND STAR MALL DEVELOPERS PRIVATE LIMITED PHOENIX MILLS COMPOUND 462, SENAPATI BAPAT MARG LOWER PAREL, MUMBAI REP. BY ITS AUTHORISED SIGNATORY SRI SHASHIE KUMAR PETITIONER (BY SRI M.N.RAO, ADV. FOR M/S INDUS LAW) AND : 1 STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE

2 2 BANGALORE REP. BY ITS COMMISSIONER 3 THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE K.R. PURAM RANGE BANGALORE RESPONDENTS (BY SRI K.V. NARASIMHAN, ADV. FOR R-2 & 3 SRI VIJAYAKUMAR A. PATIL, HCGP FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SECTION 108A OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, AS BEING UNCONSTITUTIONAL AND ULTRA VIRES OF THE PROVISIONS OF THE ACT AND ETC. W.P.No.10702/2009 METRO CASH & CARRY INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SURVEY NO.26/3, "A" BLOCK, WARD NO.9, INDUSTRIAL SUBURB SUBRAMANYANAGAR, BANGALORE , HEREIN REP. BY ITS HEAD REAL ESTATE AND COMPANY SECRETARY MR.MUKESH DUGGAR.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI,

3 3 M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMENDMENT) ORDINANCE 2008 (ANNEX-H) IN SO FAR AS PETITIONER IS CONCERNED AND ETC. W.P.No.10703/2009 METRO CASH & CARRY INDIA PVT. LTD., A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT SURVEY NO.26/3, "A" BLOCK, WARD NO.9, INDUSTRIAL SUBURB SUBRAMANYANAGAR, BANGALORE , HEREIN REP. BY ITS HEAD REAL ESTATE AND COMPANY SECRETARY, MR.MUKESH DUGGAR.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3)

4 4 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMENDMENT) ORDINANCE NO.1/2008 (ANNEX-L) DT IN SO FAR AS PETITIONER IS CONCERNED AND ETC. W.P.Nos / BHORUKA STEEL AND SERVICES LIMITED (BS SL), (FORMERLY KNOWN AS BHORUKA STEELS LIMITED, A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 & HAVING ITS REGD. OFFICE AT WHITEFIELD ROAD, MAHADEVAPURA POST, BANGALORE , REP. BY ITS AUTHORISED SIGNATORY MR.D.SURESH KUMAR. 2.BHORUKA PARK PVT. LTD., (BPPL), A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGD.OFFICE AT NO. 48, LAVELLE ROAD, BANGALORE , REP. BY ITS CHIEF OPERATING OFFICER VISHAL JHUNJHUNWALA.... PETITIONERS (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3)

5 5 THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMENDMENT) ORDINANCE 2008, IN SO FAR AS PETITIONER IS CONCERNED AND ETC. W.P.No.11531/2009 M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT 16, ST. MARKS ROAD, BANGALORE , HEREIN REP. BY ITS AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER CONCERNED AND ETC.

6 6 W.P.No.11532/2009 M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT 16, ST. MARKS ROAD, BANGALORE , HEREIN REP. BY ITS AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, BRUHAT BANGALORE MAHANAGARA PALIKE, BRUHAT BANGALORE MAHANAGARA PALIKE, M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER CONCERNED AND ETC.

7 7 W.P.No.11533/2009 BETWEEN : M/S. D M ESTATES PRIVATE LIMITED REG. OFFICE AT EMBASSY POINT 150 INFANTRY ROAD, BANGALORE-01 HEREIN REP. BY ITS DIRECTOR AND AUTHORISED SIGNATORY MR. A T GOPINATH... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) AND : 1. STATE OF KARNATAKA M.S.BUILIDNG, DR. AMBEKDAR VEEDHI, 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE. 3. THE ADMINISTRATOR BRUHAT BANGALORE MAHANAGARA PALIKE (BY SRI VIJAYAKUMAR A. PATIL, HCGP FOR R1 M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT [AMENDMENT] ORDINANCE 2008 DT , VIDE ANN-J IN SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.11534/2009 BETWEEN : M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED REGD. OFFICE AT 16, ST. MARK S ROAD BANGALORE-01,

8 8 HEREIN REP. BY ITS AUTHORISED SIGNATORY A T GOPINATH... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) AND : 1. STATE OF KARNATAKA M.S.BUILDING, DR. AMBEKDAR VEEDHI, 2. THE COMMISSIONER BRUHAT BANGALOER MAHANAGARA PALIKE 3. THE ADMINISTRATOR BRUHAT BANGALORE MAHANAGARA PALIKE (BY SRI VIJAYAKUMAR A. PATIL, HCGP FOR R1 M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.11535/2009 M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED REGD. OFFICE AT 16, ST. MARK S ROAD BANGALORE-01, HEREIN REP. BY ITS AUTHORISED SIGNATORY A T GOPINATH... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.)

9 9 AND : 1. STATE OF KARNATAKA M.S.BUILDING, DR. AMBEKDAR VEEDHI, 2. THE COMMISSIONER BRUHAT BANGALOER MAHANAGARA PALIKE 3. THE ADMINISTRATOR BRUHAT BANGALORE MAHANAGARA PALIKE (BY SRI VIJAYAKUMAR A. PATIL, HCGP FOR R1 M/S. ASHOK HARANAHALLI ASSTS. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-P) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.11537/2009 M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 16, ST. MARKS ROAD, BANGALORE , HEREIN REP. BY ITS AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVs.)

10 10 M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER IS CONCERNED AND ETC. W.P.No.11538/2009 M/S. MAOJ INVESTMENTS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT EMBASSY POINT 150, INFANTRY ROAD, BANGALORE-01 HEREIN REP.BY ITS DIRECTOR AND AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVs.) M.S.BUILDING, DR.AMBEDKAR VEEDHI,

11 11 M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT [AMENDMENT] ORDINANCE 2008 DT , VIDE ANN-J INSOFAR AS PETITIONER IS CONCERNED AND ETC. W.P.No.11539/2009 M/S. MAGRATH PROPERTIES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT EMBASSY POINT 150, INFANTRY ROAD, BANGALORE , HEREIN REP.BY ITS AUTHORISED SIGNATORY MR. A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVs.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3)

12 12 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT [AMENDMENT] ORDINANCE 2008 DT , VIDE ANN-G IN SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.12095/2009 M/S. GOLFLINK SOFTWARE PARK PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT 16, ST. MARKS ROAD, BANGALORE , HEREIN REP. BY ITS AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVs.) M.S.BUILDING, DR.AMBEDKAR VEEDHI, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT [AMENDMENT] ORDINANCE 2008 DT , VIDE ANN-N IN SO FAR AS PETITIONER CONCERNED AND ETC.

13 13 W.P.Nos / MRS. NIRMAL ARORA, AGED ABOUT 56 YEARS, W/O MR DILBAGH RAI, R/AT NO 120/500, LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HER POWER OF ATTORNEY HOLDER MR. NARPATSINGHA CHORARIA. 2.MR RAJKUMAR ARORA, AGED ABOUT 36 YEARS, S/O MR. DILBAGH RAI, R/AT 120/500, LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR. NARPATSINGHA CHORARIA. 3.MR. PRAVEEN KUMAR HUF, THROUGH MR. PRAVEEN KUMAR ARORA, KARTHA, AGED ABOUT 32 YEARS, S/O MR. DILBAGH RAI, R/AT NO. 120/500 (10), LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR. NARPATSINGHA CHORARIA.... PETITIONERS (BY SRI. SURAJ GOVINDARAJ, ADV. FOR M/S. AAMSTEL LAW ASSOCIATES) VIDHANA SOUDHA, BRUHAT BANGALORE MAHANAGARA PALIKE,

14 14 M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-H) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.Nos / RAJ KUMAR HUF, THROUGH MR. RAJ KUMAR ARORA, KARTHA AGED ABOUT 36 YEARS, SON OF MR. DILBAGH RAI, R/AT 120/500 LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR. NARPATSINGH CHORARIA. 2.MR. PRAVEEN KUMAR HUF, THROUGH MR. PRAVEEN KUMAR ARORA, KARTHA AGED ABOUT 32 YEARS, S/O MR. DILBAGH RAI, R/AT NO.120/500 (10), LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR. NARPATSINGH CHORARIA. 3.MR. SOM ARORA, AGED ABOUT 29 YEARS, S/O MR. DILBAGH RAI, R/AT NO.120/500 (10), LAJPAT NAGAR, KANPUR-3, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR.NARPATSINGH CHORARIA.... PETITIONERS (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.)

15 15 VIDHANA SOUDHA, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-H) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.12517/2009 M/S UDHAY-JVG REALTY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.16, ST MARKS ROAD, BANGALORE-01, HEREIN REP. BY ITS AUTHORISED SIGNATORY MR.A.T.GOPINATH. PETITIONER (BY M/S. AAMSTEL LAW ASSOCIATES, ADVS.) M.S.BUILDING, DR.AMBEDKAR VEEDHI,

16 16 M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-H) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.12518/2009 M/S. M.D.PROPERTIES PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGD. OFFICE AT 1 ST FLOOR, EMBASSY POINT, HERE IN REP. BY ITS AUTHORISED SIGNATORY, MR. NARPAT SINGH CHORARIA.... PETITIONER (BY SRI. SURAJ GOVINDRAJ, ADV. FOR M/S AAMSTEL LAW ASSOCIATES) VIDHANA SOUDHA,

17 17 M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.12519/2009 M/S. UDHAY-VJ REALTY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGD. OFFICE AT 1 ST FLOOR, EMBASSY POINT, HEREIN REP. BY ITS AUTHORISED SIGNATORY MR. NARPAT SINGH CHORARIA.... PETITIONER (BY SRI. SURAJ GOVINDRAJ, ADV. FOR M/S AAMSTEL LAW ASSOCIATES) VIDHANA SOUDHA, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3)

18 18 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-J) DT SO FAR AS PETITIONER CONCERNED AND ETC. W.P.No.12489/2009 M/S. TAPASYA ENTERPRISES, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.120/811, RANJEET NAGAR, KANPUR, UTTAR PRADESH, REP. BY HIS POWER OF ATTORNEY HOLDER MR. NARPATSINGH CHORARIA.... PETITIONER (BY SRI. SURAJ GOVINDRAJ, ADV. FOR M/S AAMSTEL LAW ASSOCIATES) VIDHANA SOUDHA, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMDENDMENT) ORDINANCE ANNEX-H) DT SO FAR AS PETITIONER CONCERNED AND ETC.

19 19 W.P.No.10835/2009 M/S GOLFLINK SOFTWARE PARK PVT. LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.16, ST. MARK S ROAD, BANGALORE-01, HEREIN REP. BY ITS DIRECTOR AND AUTHORISED SIGNATORY MR.A.T.GOPINATH.... PETITIONER (BY SRI. SURAJ GOVINDRAJ, ADV. FOR M/S AAMSTEL LAW ASSOCIATES) M.S.BUILDING, DR.AMBEDKAR VEEDHI, 3.THE ADMINISTATOR, M/S ASHOK HARANAHALLI ASSTS. FOR R2 & R3) OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION ACT (AMENDMENT) ORDINANCE NO.1/2008 DT VIDE ANX-H, IN SO FAR AS PETITIONER CONCERNED AND ETC. W.P.Nos / RMZ INFOTECH PVT. LTD., LEVEL 12-14, TOWER B NO.1 AND 2, MURPHY ROAD, ULSOOR,

20 20 BANGALORE , REP. HEREIN BY ITS AUTHORISED SIGNATORY MR.CHATRU MENDA. 2.MILLENIA REALTORS PRIVATE LIMITED, LEVEL-12-14, TOWER B NO.1 AND 2, MURPHY ROAD, ULSOOR, BANGALORE , REP. HEREIN BY ITS AUTHORISED SIGNATORY MR. CHATRU MENDA. 3.MILLENNIA DEVELOPERS PRIVATE LIMITED, LEVEL-12-14, TOWER B NO 1 AND 2, MURPHY ROAD, ULSOOR, BANGALORE , REP. HEREIN BY ITS AUTHORISED SIGNATORY MR. CHATRU MENDA.... PETITIONERS (BY SMT. ANUPAMA HEBBAR, ADV. FOR M/S INDUS LAW) REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE N R SQUARE, BANGALORE , REP. BY ITS COMMISSIONER. M/S ASHOK HARANAHALLI ASSTS. FOR R2) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SECTION 108A OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, AS BEING UNCONSTITUTIONAL AND ULTRA VIRES THE PROVISIONS OF THE ACT AND ETC. W.P.No.12046/2009 MILLENIA RELTORS PRIVATE LIMITED, LEVEL 12-14, TOWER "B" NO. 1 AND 2,

21 21 MURPHY ROAD, ULSOOR, BANGALORE , REP. HEREIN BY ITS AUTHORISED SIGNATORY MR.CHATRU MENDA.... PETITIONER (BY SMT. ANUPAMA HEBBAR & T KAVERI, ADVS. FOR M/S INDUS LAW, ) REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE N R SQUARE, BANGALORE , REP. BY ITS COMMISSIONER. M/S ASHOK HARANAHALLI ASSTS. FOR R2) OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN SECTION 108A OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, AS BEING UNCONSTITUTIONAL AND ULTRA VIRES THE PROVISIONS OF THE ACT IN SO FAR AS PETITIONER IS CONCERNED AND ETC. W.P.Nos / MR. ANAND ANNAMALAI, AGED ABOUT 36 YEARS, S/O LATE A.ANNAMALAI, 2.MRS.ANURADHA ANNAMALAI, AGED ABOUT 62 YEARS, W/O LATE A.ANNAMALAI, 3.MR.KANNAN ANNAMALAI, AGED ABOUT 34 YEARS, D/O LATE A.ANNAMALAI, 4.MS.THARA ANNAMALAI, AGED ABOUT 30 YEARS,

22 22 D/O LATE A.ANNAMALAI, 5.MR.P.PALANIAPPAYAN, AGED ABOUT 65 YEARS, S/O LATE M.A.PALANIAPPA CHETTIYAR, 6.MR.R.PALANIAPPA, AGED ABOUT 34 YEARS, S/O SRI RAMANATHAN, (PETITIONERS 1 TO 6 ARE R/O NO.148/1, MANON MANAI GARDEN, BEHIND HSBC FUTURA, BANNERGHATTA MAIN ROAD, BANGALORE ) 7.MR.MAHENDRA LIKHITE, AGED ABOUT 50 YEARS, S/O NR.RAMKANTH LIKHITE, 9 TH FLOOR, 901, KALPANA BUILDING, 11 TH ROAD, OPP. RAM KRISHNA MISSION HOSPITAL, KHAR (WEST) MUMBAI MR. LALCHAND TAHILRAMANI, AGED ABOUT 49 YEARS, S/O ATMARAM TAHILRAMANI, 9 TH FLOOR, 901, KALPANA BUILDING, 11 TH ROAD, OPP. RAM KRISHNA MISSION HOSPITAL, KHAR (WEST), MUMBAI MR. HARISH KHUSHALANI, AGED ABOUT 50 YEARS, S/O MR.REWACHAND KHUSHALANI, JIVESH TOWERS, 17N, 17 TH FLOOR, B.J.ROAD, BANDRA (WEST), MUMBAI M/S MEGA VENTURES DEVELOPERS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 101, MARINE LINE, MUMBAI , REP. BY ITS DIRECTOR, MR.M.R.BAHESH.... PETITIONERS (BY M/S K.SHASHIKIRAN SHETTY HEGDE AND ASSTS. ADVS.)

23 23 BY ITS PRL.SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BANGALORE BY ITS COMMISSIONER, N.R.SQUARE, BANGALORE M/S ASHOK HARANAHALLI ASSTS. FOR R2) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION (AMENDMENT) ACT 2009 DT (ANNEX-A) AND ETC. W.P.Nos /2009 BETWEEN : 1.MR ANAND ANNAMALAI, AGED ABOUT 36 YEARS, S/O LATE A.ANNAMALAI, 2.MRS. ANURADHA ANNAMALAI, AGED ABOUT 62 YEARS, W/O LATE A.ANNAMALAI, 3.MR. KANNAN ANNAMALAI, AGED ABOUT 34 YEARS, S/O LATE A.ANNAMALAI, 4.MS. THARA ANNAMALAI, AGED ABOUT 30 YEARS, S/O LATE A.ANNAMALAI, 5.MR. P.PALANIAPPAYAN, AGED ABOUT 65 YEARS, S/O LATE M.A.PALANIAPPA CHETTIYAR,

24 24 6.MR. R. PALANIAPPA, AGED ABOUT 34 YEARS, S/O SRI RAMANATHAN, (PETITIONERS 1 TO 6 ARE R/O NO.148/1, MANON MANAI GARDEN, BEHIND HSBC FUTURA, BANNERGHATTA MAIN ROAD, BANGALORE ) 7.AMBATTUR CONSTRUCTION LTD., 86 E/2, INDUSTRIAL ESTATE, AMBATTUR, CHENNAI , REP. BY ITS DIRECTOR..PETITIONERS (BY SRI. K.SHASHIKIRAN SHETTY, ADV. FOR M/S SHETTY & HEGDE ASSOCIATES) AND : BY ITS PRL.SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI, BANGALORE BY ITS COMMISSIONER, N.R.SQUARE, BANGALORE (BY SRI VIJAYAKUMAR A. PATIL, HCGP, FOR R-1 M/S ASHOK HARNAHALLI ASSTS. FOR R-2) THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE KARNATAKA MUNICIPAL CORPORATION (AMENDMENT) ACT 2008 DT (ANNEX-A) IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING :

25 25 O R D E R In all these petitions, the validity of the notification in exercise of power under Section 108A of the Karnataka Municipal Corporations, Act, 1976, has been called in question. In addition to the question as to whether the respondents have the power to issue such notification, the uniform rates prescribed towards taxation were also assailed in these petitions since such uniform taxation according to the petitioners was not sustainable. Based on such notifications, the demand notices were also issued to the petitioners. It is in that circumstance, the respective demands as well as the notifications have been called in question. 2. In certain of the cases, the petitioners have made part payment of the demand and in other cases, it is likely that more than 50% of the amounts demanded has been paid. When that is the position, it is presently brought to the notice of this Court through the memo dated that a subsequent notification dated has been passed modifying the earlier

26 26 notification dated and different rates of tax has been fixed. 3. In that view of the matter, challenge to the earlier notification in any event does not survive. Even if the respondents were to demand tax based on the modified notification, the same would have to be reworked and thereafter fresh demands would have to be issued to the petitioners or it would be open for the petitioners to adopt under self assessment if they have no grievance with regard to modified notification. The question with regard to the very power available or otherwise to issue such notifications as also the validity of demands would arise for consideration only if fresh demands are issued by the respondents or if the petitioners find themselves to be aggrieved even by the modified notification. 4. Therefore, at this juncture, it is unnecessary to go into questions which have been raised herein. However, liberty is reserved to the petitioners to either assail the subsequent notification dated in

27 27 its entirety or to challenge the demands which may be subsequently made, if the petitioners still feel aggrieved by such demands which would be made by the respondents. 5. Needless to mention that when fresh demands or self assessments are made and if such amount is lesser than the amounts which have already been paid by the petitioners, the respondents would take steps to adjust the excess amounts for future demands or in the alternative, if any amounts are payable by the petitioners and if they do not feel aggrieved by the same, the balance amount alone needs to be paid by the petitioners. Thus, leaving all questions open for consideration, these petitions stand disposed of. No costs. Sd/- JUDGE hrp/bms