- 1 - NC: 2025:KHC:13703 WP No. 9058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 9058 OF 2025 (GM-BWSSB) BETWEEN: M/S. TRU INFRA PROJECTS AND REALTY LLP PARTNESHIP FIRM, BUILDING NO.SY 152/3 AET JUNCTION, DODDAKANNELLI KADUBEESANAHALLI ROAD DODDAKANNELLI BENGALURU - 560 035 REPRESENTED BY ITS PARTNER SRI V.NARASIMHA REDDY AGED ABOUT 40 YEARS S/O SRI V.SRINIVASULU REDDY RESIDING AT NO. 21/38/2 S.K.D COLONY ADONI, KURNOOL ANDHRA PRADESH - 518 301. …PETITIONER (BY SRI JAGADISH BALIGA N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT 4TH FLOOR, VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE BENGALURU WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13703 WP No. 9058 of 2025 K.G.ROAD, BENGALURU - 560 009 REPRESENTED BY ITS CHAIRMAN. 3. THE ENGINEER IN CHIEF BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN K.G.ROAD, BENGALURU - 560 009. 4. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN K.G.ROAD, BENGALURU - 560 009. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R1; SRI B.L.SANJEEV, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANN-A THE DEMAND NOTICE ISSUED BY THE R2 DATED 21/02/2025 IN NO. BWSSB-NOC-2025-1-79-012803303726 BY WHICH A DEMAND WAS MADE FOR THE PAYMENT RS. 2,82,06,554/- (RUPEES TWO CRORES EIGHTY TWO SIX THOUSAND FIVE HUNDRED AND FIFTY FOUR ONLY) FOR ISSUING NO OBJECTION CERTIFICATE, AND THEREBY DIRECT THE 2ND RESPONDENT TO ISSUE THE NOC WITHOUT INSISTING THE ADVANCE PROBABLE PRORATE CHARGES AND TOWARDS BENEFICIARY CAPITAL CONTRIBUTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13703 WP No. 9058 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Jagadish Baliga, learned counsel for petitioner, Sri Shamanth Naik, learned High Court Government Pleader for respondent No.1 and Sri B.L.Sanjeev, learned counsel for respondent Nos.2 to 4. 2. The charges levied by the respondents upon the petitioner in the case at hand are few or all of these, Greater Bangalore Water and Sanitation Project / Beneficiary Capital contribution charges, Advance Probable Prorata charges and Treated Water Charges for construction, to the Board if it has to issue a NOC. These very charges are stood decided by this Court in W.P.No.20016/2021 and connected matter, disposed on 05.04.2024. This Court has held as follows: “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. - 4 - NC: 2025:KHC:13703 WP No. 9058 of 2025 (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.” - 5 - NC: 2025:KHC:13703 WP No. 9058 of 2025 Therefore, the issues as answered by this Court supra and in the light of the issues standing covered on all its fours, the writ petition stands disposed on the very same findings and the observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 123 CT:SS