- 1 - NC: 2025:KHC:6475 WP No. 4123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4123 OF 2025 (GM-BWSSB) BETWEEN: 1. SMT. J. NIRMALA, AGED ABOUT 51 YEARS, W/O LATE SRI. R. GOPAL RAJU, 2. MR. ARUNKUMAR, AGED ABOUT 36 YEARS, S/O LATE R. GOPAL RAJU, BOTH ARE R/AT NO. 220, RAMAGONDANAHALLI, WHITEFIELD POST, BANGALORE - 560 056. REPRESENTED BY THEIR GPA HOLDER, M/S. SKYMAKERS VENTURES PRIVATE LIMITED, A REGISTERED COMPANY HAVING ITS OFFICE AT SY. NO. 12/8, MULLUR, SARJAPURA ROAD, BANGALORE - 560 056. REPRESENTED BY ITS DIRECTOR, MR. KANASANI SIVASANKAR REDDY, AGED ABOUT 41 YEARS, S/O. VENKATARAMANA REDDY, OFFICE AT SY. NO. 12/8, MULLUR, SARJAPURA ROAD, BANGALORE - 560 056. …PETITIONERS (BY SRI. MANJUNATHA S.V, ADVOCATE) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6475 WP No. 4123 of 2025 AND: 1. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001, REPRESENTED BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. B.S. SHRINIVAS, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 12/12/2024, BEARING NO.BWSSB- NOC-2024-9-23-090906321285, ISSUED BY THE RESPONDENT NO.3 (ANNEXURE-C) FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND VIOLATION OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC., - 3 - NC: 2025:KHC:6475 WP No. 4123 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for respondent No.1. Sri.B.L.Sanjeev, learned counsel is directed to take notice for respondent Nos.2 and 3. 2. Learned counsel for the petitioners submits that at Annexure-F, is an order passed by this Court upholding 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:6475 WP No. 4123 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) 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. - 5 - NC: 2025:KHC:6475 WP No. 4123 of 2025 (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.: 5 CT: BHK