LAKSHMAMMA v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD
WP/5589/2024 · 2025-04-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17553 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17553 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:16362 WP No. 5589 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5589 OF 2024 (GM-BWSSB) BETWEEN:
1. LAKSHMAMMA, W/O NANJUNDAPPA, AGED ABOUT 54 YEARS,
2.
LALITHA N, D/O NANJUNDAPPA, AGED ABOUT 37 YEARS,
3.
SRI LOKESH, S/O NANJUNDAPPA, AGED ABOUT 33 YEARS,
4.
SRI PURUSHOTHAMA N, S/O NANJUNDAPPA, AGED ABOUT 30 YEARS,
ALL R/O NO.29, SOMESHWARA LAYOUT, BILAKAHALLI, BENGALURU SOUTH TALUK, BENGALURU-560064. …PETITIONERS (BY SRI. MAHESHA V.,ADVOCATE) AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE-560009, REP BY ITS CHAIRMAN.
2.
THE CHIEF ENGINEER (NORTH), BENGALURU WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE-560009.
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:16362 WP No. 5589 of 2024
3.
THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE-560001, REP BY ITS SECRETARY. …RESPONDENTS (BY SRI B L SANJEEV, ADVOCATE FOR R1 AND R2, SRI MOHAMMED JAFFAR SHAH, AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE NO.BWSSB-NOC-2023-11-79-112310094980 DEMAND NOTE DATED 08/02/2024 VIDE ANNEXURE-C ISSUED BY THE RESPONDENT NO.2 IN SO FAR PETITIONER CONCERNED AND ETC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER Heard Sri Mahesha V.,
learned counsel for petitioners, Sri B.L. Sanjeev,
learned counsel for respondent Nos.1 and 2 and Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.3.
2. The charges levied against the petitioners, in the case at hand, are either few or all of these charges viz., Beneficiary Capital Contribution Charges, Greater
- 3 -
NC: 2025:KHC:16362 WP No. 5589 of 2024
Bangalore Water Sewerage Project charges, Advance Probable Pro Rata Charges and Treated Water Charges for Construction. These very charges were considered by this Court in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020, disposed on 05-04-2024, wherein this Court has upheld the Advance Probable Pro Rata Charges and Treated Water Charges for Construction and has quashed Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges, by the following order:
“35. For the aforesaid reasons, the following:
ORDER
(i) The Writ Petitions are 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 Act or the Rules, by making suitable amendments to the Act, Rules or the Regulations.
- 4 -
NC: 2025:KHC:16362 WP No. 5589 of 2024
(iv) Petitioners in these petitions who have deposited
amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges is entitled to refund of 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.
(v) In cases where in the event the petitioners 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 petitioners, in case of any deposit of the kind.”
3. In the light of the issues answered by this Court supra standing covered to the case at hand on all its fours, the writ petition stands disposed on the very same findings and observations. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
CHS List No.: 1 Sl No.: 457