- 1 - NC: 2025:KHC:16336 WP No. 10057 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. 10057 OF 2024 (GM-BWSSB) BETWEEN: 1. MRS. HIRA ESTHER JEROME, AGED 46 YEARS, W/O MR VIJAY FRANCIS JAYKAR, R/AT NO 360, PASIR PANGANG, GOLD COAST CONDO, SINGAPORE. 2. MRS NANDINI THAMBUSWAMY, AGED 44 YEARS, R/AT 4720, VINTAGE LANE, NO 214, PLANO, TEXAS - 75024, UNITES STATES OF AMERICA. 3. MRS NINA MUDARTHA, AGED 46 YEARS, R/AT NO 5/12, BRUNTON ROAD CROSS, RICHMOND TOWN, BANGALORE 560025. ALL ARE REPRESENTED BY GPA M/S MOUDGALYA CONSTRUCTIONS, A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT, HAVING ITS REGISTERED OFFICE AT NO 41/4, 3RD CROSS, S G PALYA BANGALORE - 560039, REPRESENTED BY ITS MANAGING PARTNER AUTHORISED SIGNATORY, SRI S N SRINIVASAN. …PETITIONERS (BY SRI VIVEKANANDA T P, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16336 WP No. 10057 of 2024 AND: 1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560001, REPRESENTED BY ITS SECRETARY. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE 560009, REPRESENTED BY ITS CHAIRMAN. 3. ENGINEER-IN-CHIEF, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560009. 4. THE CHIEF ENGINEER (SOUTH) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, II FLOOR, CAUVERY BHAVAN, K G ROAD, BANGALORE - 560009. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI B L SANJEEV, ADV. FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE DEMAND NOTICE DATED NIL (APPLICATION NO. BWSSB-NOC- 2024-2-79-021410224421) GENERATED ON 02/03/2024 PRODUCED AT ANNEXURE-D ISSUED BY THE R4 IN SO FAR AS THE DEMAND OF ADVANCE PROBABLE PRORATA CHARGES OF RS. 15,72,929/- GWASP/BCC CHARGES RS.24,77,420/- ARE CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:16336 WP No. 10057 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Vivekananda T P, learned counsel for petitioners, Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri B L Sanjeev, learned counsel for respondent Nos.2 and 4. 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 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: - 4 - NC: 2025:KHC:16336 WP No. 10057 of 2024 “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. (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 - 5 - NC: 2025:KHC:16336 WP No. 10057 of 2024 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.: 478