M/S ADITHI PROJECTS v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD
WP/9154/2024 · 2025-04-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20894 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20894 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16338 WP No. 9154 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. 9154 OF 2024 (GM-BWSSB) BETWEEN:
M/S ADITHI PROJECTS, A PARTNERSHIP FIRM 1952, NO 40, 3RD CROSS, ACL ALYOUT, RAMAMURTHI NAGAR, BENGALURU - 560016, REP BY MANAGING PARTNER, D PRAVEEN KUMAR, AGED ABOUT 50 YEARS. …PETITIONER (BY SRI. RAJU S., ADVOCATE) AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560009, REPRESENTED BY ITS CHIARMAN.
2.
THE CHIEF ENGINEER (EAST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560009.
3.
STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. SANJEEV B L.,ADVOCATE FOR R1 AND R2, SRI MOHAMMED JAFFAR SHAN, AGA FOR R3)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16338 WP No. 9154 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB-NOC-2024-2-1193-022901492027, DEMAND NOTE GENERATION DATED 13/03/2024 ISSUED BY THE R2 VIDE ANNEXURE-C 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 Raju S., learned counsel for petitioner, 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 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
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NC: 2025:KHC:16338 WP No. 9154 of 2024
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. (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.
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NC: 2025:KHC:16338 WP No. 9154 of 2024
(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.
I.A.No.1 of 2024 is disposed, as a consequence.
Sd/- (M.NAGAPRASANNA) JUDGE
CHS List No.: 1 Sl No.: 476