- 1 - NC: 2025:KHC:4394 WP No. 9457 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9457 OF 2021 (LB-RES) BETWEEN: 1. THE BANGALORE CITY CO-OPERATIVE HOUSING SOCIETY LAYOUT WELFARE ASSOCIATION (R) NO.1105, BCCHS LAYOUT, VAJARAHALLI, THALGATPURA POST, KANAKAPURA MAIN ROAD, BANGALORE - 560 062 REPRESENTED BY ITS CHIEF SECRETARY …PETITIONER (BY SRI. MAHESH KIRAN SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560 001 REPRESENTED BY ITS CHIEF SECRETARY 2. THE BRUHAT BANGALORE MAHANAGARA PALIKE NARASIMHARAJA CHOWK, BANGALORE REPRESENTED BY ITS COMMISSIONER 3. THE BANGALORE WATER SUPPLY SEWERAGES BOARD (BWSSB) CAUVERY BHAVAN, BENGALURU - 560 009 REPRESENTED BY ITS CHAIRMAN 4. THE CHIEF ENGINEER (PROJECTS 110 VILLAGES) THE BANGALORE WATER SUPPLY SEWERAGES BOARD (BWSSB) 3RD FLOOR, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4394 WP No. 9457 of 2021 CAUVERY BHAVAN BENGALURU - 560 009 5. THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD BANGALORE - 560 001 6. THE INSPECTOR OF POLICE THALAGATPURA POLICE STATION THALGATPURA, BANGALORE - 560 109 7. THE BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD., No.1, SEETHAPATHI AGRAHARA., BANGALORE -560 018 REP. BY ITS CHIEF EXECUTIVE OFFICER. DELETED AS PER COURT ORDER DATED:21.12.2021. 8. THE EXECUTIVE ENGINEER (CMC-15) KAPILA BHAVAN, BWSSB JAYANAGAR T BLOCK, BANGALORE …RESPONDENTS (BY SRI. BOPANNA BELLIAAPPA., AGA FOR R-1, 5 & 6; SRI. R.MANJUNATH., ADVOCATE FOR R-2; SRI. SANJEEV.B.L., ADVOCATE FOR R-3, 4 & 8; R-7 IS DELETED, VIDE ORDER DATED:21.12.21) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R2 TO PROVIDE ALL BASIC AMENITIES TO THE RESIDENTS OF BCCHS LAYOUT LIKE ROADS, FOOTPATHS ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:4394 WP No. 9457 of 2021 ORAL ORDER 1. The prayer in this petition is for issuance of a direction to respondent No.2 to provide all basic amenities to the residents of the Bangalore City Co- Operative Housing Society Layout (“BCCHS Layout”), like roads, footpaths, etc., 2. A prayer is also made to direct respondent No.3 i.e., Bangalore Water Supply Sewerages Board (“the BWSSB”) to include the BCCHS Layout in the 110 villages of the Bruhat Bengaluru Mahanagara Palike (”the BBMP”) area and provide water facilities under the JICA Scheme. 3. On 27.01.2025, the Chief Engineer (Project), BWSSB, has filed an affidavit which reads as under: “AFFIDAVIT I, K.N. Rajiv S/o N. Narayan, aged about 53 years, working as Chief Engineer (Project), BWSSB, Cauvery, Bhavan Bangalore, do hereby solemnly affirm and state as follows: - 4 - NC: 2025:KHC:4394 WP No. 9457 of 2021 1. I am the 8th respondent herein and being well acquainted with the facts of the case, swearing to the contents of this affidavit on my behalf and also on behalf of respondent No. 3 and 4 as I have been authorized and instructed to do so. 2. I further submit that the approval was accorded by the Government of Karnataka for providing water supply facilities to 110 villages of BBMP under Phase II project amounting to Rs.208.45 Crores and further, in this regard, to meet the said project, 50% of the project cost has been taken as loan from KUIDFC and the balance 50% is to be borne by the Board's Fund. 3. I further submit that in view of the financial constrain to complete the project, the said subject was brought before the third Board meeting held on 20/06/2024 and it was decided that Rs.60/- per sq. ft., was to be collected from the site owners of the BDA approved layouts, gated communities and group housing along with statutory charges for the financial year 2024-25. 4. I further submit that the respondent Board conveyed the above said decision to the petitioner vide letter dated 26/07/2024 and it is informed that the petitioner vide letter dated 14/08/2024 has accepted the proposal of these respondents, - 5 - NC: 2025:KHC:4394 WP No. 9457 of 2021 which was conveyed to the petitioner vide letter dated 26/07/2024. The copies of the letter dated 26/07/2024 and letter dated 14/08/2024 are produced before this Hon'ble Court as Annexure- R4 and R5. Under the facts and circumstances stated above, these Respondents respectfully pray that this Hon'ble Court may be pleased to take the above facts and be pleased to dispose off the above writ petition with a direction to the petitioner to deposit the applicable ETP charges as stated above and other statutory charges as per the demand which would be raised to enable these respondents to provide water and sanitary connections to the petitioners, in the interest of justice. I do solemnly affirm that this is my name and signature and the contents of this affidavit are true and correct. IDENTIFIED BY ME Sd/- DEPONENT Sd/- Chief Engineer (Project), BWSSB. ADVOCATE BANGALORE DATE: 27/01/2025 No. of Corrections:” - 6 - NC: 2025:KHC:4394 WP No. 9457 of 2021 4. In light of the above affidavit, it is clear that the BWSSB has agreed to execute the necessary works subject to the petitioner paying a sum of Rs.60/- per square feet and this condition is also stated to have been agreed to by the petitioner. 5. In view of the above, the BWSSB is directed to act in accordance with the affidavit filed (supra), subject to, of course, the petitioner paying the requisite charges stated therein. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 69