- 1 - NC: 2025:KHC:6034 WP No. 2125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2125 OF 2025 (GM-BWSSB) BETWEEN: 1. SRI VIMAL JAIN S/O. MANOHARLAL JAIN AGED ABOUT 48 YEARS, R/AT NO.647, FLAT NO.504, L OPULENCE, 16TH CROSS, 19TH MAIN, IDEAL HOMES, RAJARAJESHWARINAGARA, BENGALURU - 560 098. 2. SRI. MADHUSUDAN BAHETI S/O. RAMPRATAP BAHETI AGED ABOUT 64 YEARS R/AT B 1003 #320, PRIDE ENCHANTA APARTMENT OPP. BHEL FACTORY MYSORE ROAD DEEPANJALINAGAR BENGALURU - 560 026 …PETITIONERS (BY SRI. RAJU S., ADVOCATE) AND: 1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6034 WP No. 2125 of 2025 REPRESENTED BY ITS CHAIRMAN 2. THE CHIEF ENGINEER (WEST), 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, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SMT. SUMANGALA GACHCHINMATH, ADV., FOR R1 & R2; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB- NOC-2024-11-1193-112312430562, DEMAND NOTE GENERATION DATED 26-12-2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6034 WP No. 2125 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Smt. Sumangala Gachchinmath, learned counsel, who is present before the Court takes notice for respondent Nos.1 and 2 and learned Additional Government Advocate accepts notice for respondent No.3. 2. Learned counsel for the petitioners submits that the Co-ordinate Bench of this Court in W.P.No.11638/2024 dated 22.04.2024 upheld the demand for Advance Probable Pro Rata Charges and 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. - 4 - NC: 2025:KHC:6034 WP No. 2125 of 2025 (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. (v) Petitioners 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 petitioners shall submit a representation. The same shall merit consideration within 12 weeks from the date of receipt of the copy of this order. - 5 - NC: 2025:KHC:6034 WP No. 2125 of 2025 (vi) In the cases where in the event the petitioners have deposited the amount before this Court, as a condition precedent for grant of the interim order, the Registry shall refund those amounts to the petitioners, 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 SJK List No.: 1 Sl No.: 93