AVINASH PRASHU S/O MR. PETER J.R. PRABU Vs. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE, THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. CIRCLE SUB-DIVISION, BANGALORE AND THE ASSISTANT REVENUE OFF

JUDGEMENT

(1.) PETITIONER 's online application, for sanction of building plan was responded to by the respondent -BBMP also online, by endorsement dt. 2.12.2011 Annexure -B indicating several deficiencies, one of which is the failure to upload the document relating to payment of improvement charges. Hence this petition to quash Annexure -B and the Karnataka Municipal Corporation (Recovery of improvement Expenses) Rules, 2009 Annexure -E and the Circular dt. 7.2.2011 Annexure -F prescribing the rate of improvement expenses. As regards the vires of the Rules and the challenge to the challenge to the rate of improvement expenses are no more res integra in the light of the Order dt. 20.4.2012 in W.P.18014/2011 and batch while upholding the validity of the Rules quash Rule 5 as being violative of Section 467 of the Karnataka Municipal Corporations Act, 1976 with a direction to the Corporation to re -do the rate of improvement expenses without insisting upon payment of improvement expenses as a condition precedent for issue of katha.

(2.) IN that view of the matter, there is no necessity to quash notification Annexure -E, Circular Annexure -F.

(3.) PETITION is ordered accordingly.