- 1 - NC: 2025:KHC:6288 WP No. 3891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3891 OF 2025 (GM-BWSSB) BETWEEN: M/S DISHAHABITAT SHELTERS LLP-PHASE 2, A REGISTERED PARTNERSHIP FIRM, OFFICE AT NO.437, SHREE OPP GOVERNMENT HOSPITAL, VARTHUR, BENGALURU, BENGALURU URBAN - 560 087, REPRESENTED BY ITS GPA HOLDER MR. RAJA SEKHAR KAMISETTY. …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 KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6288 WP No. 3891 of 2025 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R1 AND R2; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB-NOC-2025-1-1193-010808505031, DEMAND NOTE GENERATION DATED 21.01.2025 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 Gachchinamath, learned counsel 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 Treated Water Charges for Construction, while declaring the demand of Beneficiary Capital Contribution Charges - 3 - NC: 2025:KHC:6288 WP No. 3891 of 2025 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. (v) Petitioner in this petition who have deposited amounts demanded as Beneficiary - 4 - NC: 2025:KHC:6288 WP No. 3891 of 2025 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.: 6 CT: BHK