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2025 DAILYLAW 13055 (KAR)

M/S INFINITY BUILDERS AND CONSTRUCTIONS v. BANGALORE WATER SUPPLY

WP/429/2025 · 2025-01-10

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:912 WP No. 429 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. 429 OF 2025 (GM-BWSSB) BETWEEN: M/S. INFINITY BUILDERS AND CONSTRUCTIONS, A PARTNERSHIP FIRM, OFFICE AT NO.92, MUNINANJAPPA GARDEN, KODIGEHALLI MAIN ROAD, K.R. PURAM, BENGALURU - 560 036. REPRESENTED BY ITS PARTNER MR. M. ARJUN. …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, 4TH FLOOR, VIKASA SOUDHA, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:912 WP No. 429 of 2025 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 ) QUASH THE DEMAND NOTE FOR THE OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB. NOC-2024-5-1193-052904231428, DEMAND NOTE GENERATION DATED 03-07-2024 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 at Annexure-F, is an order passed by this Court upholding the demand for Advance Probable Pro Rata Charges and - 3 - NC: 2025:KHC:912 WP No. 429 of 2025 Treated Water 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. - 4 - NC: 2025:KHC:912 WP No. 429 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.: 15 CT: BHK