Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6032 WP No. 3858 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. 3858 OF 2025 (GM-BWSSB) BETWEEN:
1.
M/S ANKURAA HOMES A PARTNERSHIP FIRM, OFFICE AT SURVEY NO.3, SITE NO.4/1, 3RD FLOOR, WHITEFIELD BENGALURU - 560066 REPTD BY ITS PARTNER MR. P BALASUBRAMANAYAM …PETITIONER (BY SRI. RAJU S., ADVOCATE) AND:
1.
BENGALURU WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560009 REPRESENTED BY ITS CHAIRMAN
2.
THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G.ROAD, BANGALORE - 560009. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:6032 WP No. 3858 of 2025
3.
STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560001 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. SUMANGALA GACHCHINMATH, ADV., FOR R1 & R2;
SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB-NOC-2024-12-1193-122312053527, DEMAND NOTE GENERATION DATED 28-01-2025 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 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.
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NC: 2025:KHC:6032 WP No. 3858 of 2025
2.
Learned counsel for the petitioner 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.
(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.
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NC: 2025:KHC:6032 WP No. 3858 of 2025
(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 has 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.
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NC: 2025:KHC:6032 WP No. 3858 of 2025
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.: 13