M/S CKPC PROPERTIES PVT LTD v. BANGALORE WATER SUPPLY
WP/424/2025 · 2025-01-10
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13046 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13046 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:914 WP No. 424 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 424 OF 2025 (GM-BWSSB) BETWEEN:
M/S. CKPC PROPERTIES PVT. LTD., OFFICE AT SY.NO. 73 AND 59/3A, 360 BUSINESS PARK, OPP WIPRO GATE 14, ELECTRONIC CITY PHASE I, BENGALURU - 560 100.
REGISTERED UNDER COMPANIES ACT NO. 29AAKCC8116C1ZP REPRESENTED BY ITS DIRECTOR MR. CHIRAG PURUSHOTAM. …PETITIONER (BY SRI. S. RAJU, ADVOCATE) AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009, REPRESENTED BY ITS CHAIRMAN.
2.
THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009.
3.
STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT,
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:914 WP No. 424 of 2025
4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. SHRINIVAS B.S, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R1 AND R2;
SRI. MOHAMMMED JAFFAR SHAH, AGA FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECT TO QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB NOC-2024-9-1193-090310371799, DEMAND NOTE GENERATION DATED 08-10-2024 ISSUED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER Sri.B.L.Sanjeev, learned counsel who is present in the Court is directed to take notice for respondent Nos.1 and 2. Learned Additional Government Advocate is
directed to take notice for respondent No.3.
2.
Learned counsel for the petitioner submits that an order is passed by this Court upholding the demand for Advance Probable Pro Rata Charges and Treated Water
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NC: 2025:KHC:914 WP No. 424 of 2025
Charges for Construction, while declaring the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project Charges as illegal.
Learned counsel therefore prays for similar orders.
3. Accordingly, the writ petition stands disposed of in the following terms:
"(i) The writ petition is allowed in part.
(ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld.
(iii) The demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are held to be illegal.
(iv) The obliteration as found in clause (iii) supra will not come in the way of the State or the Board to bring in the charges that are held to be illegal under the provisions of the Bangalore Water Supply and Sewerage Act, or the Rules, by making suitable amendments to the Act, Rules or the Regulations.
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NC: 2025:KHC:914 WP No. 424 of 2025
(v) Petitioner in this petition who have deposited amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are entitled to refund the same, for which purpose the petitioner shall submit a representation. The same shall merit
consideration within 12 weeks from the date of receipt of the copy of this order.
(vi) In the cases where in the event. the petitioner has deposited the amount before this Court, as a condition precedent for grant of the interim order, the Registry shall refund those amounts to the petitioner, in case of any deposit of the kind.”
In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of.
Sd/- (R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 13 CT: BHK