The High Court of Karnataka on Thursday directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to open the lock of Mantri Square Mall from Friday morning, after the management of the mall gave an undertaking to the court that it would pay ₹20 crore on or before July 31 without prejudice to its challenge to the BBMP’s demand for payment of ₹42 crore as property tax arrears from 2019.
The Vacation Bench of Justice Jyoti Mulimani passed the interim order on a petition filed by M/s Abhishek Propbuild Pvt. Ltd., which is managing the mall. The BBMP locked the mall since May 10.
Of the ₹20 crore, the petitioner will have to pay ₹3.5 crore on or before June 1 and the remaining amount on or before July 31, the court said, accepting the undertaking filed by the petitioner in this regard.
The petitioner questioned the May 15 order of a civil court, which had directed the BBMP to allow opening of the mall only after the petitioner pays 50% of the property tax demanded by the BBMP within 10 days.
It was argued on behalf of the petitioner that admitted liability is to pay only ₹18.5 crore as property tax arrears contrary to the BBMP’s claim for ₹42 crore.
It has been complained in the petition that the BBMP, instead of taking steps to address the disputes raised by the petitioner about the manner of calculation of property tax made by the revenue officers of the civic body, has been using coercive methods forcing the petitioner to pay the property tax as demanded.
The BBMP had, on a couple of earlier occasions, locked the mall and the lock had been removed on directions of the courts, it was pointed out in the petition, while stating that the financial loss caused during the COVID-19 period had impacted payment of property tax as no concession was given by the government for this period.
