M/S SOHAN DEVELOPERS v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD,
WP/7262/2025 · 2025-03-14
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19992 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19992 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:10635 WP No. 7262 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 7262 OF 2025 (GM-BWSSB)
BETWEEN:
M/S SOHAN DEVELOPERS A PARTNERSHIP FIRM, OFFICE AT NO.A101, SOHAN EXOTICA, RAJIV GANDHI NAGAR ROAD, KODIGEHALLI, BENGALURU-560 097.
IT IS REGISTERED UNDER THE PARTNERSHIP ACT REP. BY ITS MANAGING PARTNER/DIRECTOR MR. D. VINAY KUMAR
…PETITIONER (BY SRI. RAJU S., ADVOCATE)
AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560 009, REPRESENTED BY ITS CHAIRMAN.
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:10635 WP No. 7262 of 2025
2.
THE CHIEF ENGINEER (NORTH) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K.G. ROAD, BANGALORE-560 009.
3.
STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY.
…RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB- NOC-2025-2-1193-021010301898, DEMAND NOTE GENERATION DATED 04-03-2025 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:
- 3 -
NC: 2025:KHC:10635 WP No. 7262 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri.Raju S., learned counsel for petitioner and Sri. Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.3.
2. The charges levied against the petitioner, in the case at hand, are either few or all of these charges viz., Beneficiary Capital Contribution Charges, Greater 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:
- 4 -
NC: 2025:KHC:10635 WP No. 7262 of 2025
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. (iv) Petitioners in these petitions who have deposited
amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are 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 have 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
- 5 -
NC: 2025:KHC:10635 WP No. 7262 of 2025
writ petition stands disposed on the very same findings and observations. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
KG List No.: 1 Sl No.: 45