- 1 - NC: 2025:KHC:14788 WP No. 10631 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.10631 OF 2025 (GM-BWSSB) BETWEEN: MANIPAL ACADEMY OF HIGHER EDUCATION TRUST MAHADAVANAGARA, MANIPAL-576104 UDUPI DISTRICT, KARNATAKA REP. BY ITS TRUSTEE MR. H.S. BALLAL S/O LATE MR. B. SANJEEVA HEGDE AGED ABOUT 83 YEARS R/AT. PRO- CHANCELLOR'S RESIDENCE MADHAVA NAGAR, MANIPAL 576104. …PETITIONER (BY SRI. MANMOHAN P.N. ADV.,) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S BUILDING, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. BANGALORE WATER SUPPLY SEWAGE BOARD 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU-560009. REPRESENTED BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (NORTH) BANGALORE WATER SUPPLY SEWAGE BOARD 2ND FLOOR, CAUVERY BHAVAN KEMPEGOWDA ROAD BENGALURU-560009 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 SRI. B.L. SANJEEV, ADV., FOR R2 & R3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14788 WP No. 10631 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE DEMAND NOTE DATED 06.03.2025, APPLICATION NO.BWSSB-NOC-2025-2-79-021612004889, ISSUED BY THE RESPONDENT NO.3 IN SO FAR AS SL.NO.3 i.e. GBWASP/ BCC CHARGES (PRODUCED AS ANNEXURE-G) IS CONCERNED. ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 12.02.2025 (PRODUCED AS ANNEXURE-F) AND CONSEQUENTLY ISSUE NOC TO THE PETITIONER WITHOUT INSISTING FOR GBWASP (GREATER BANGALORE WATER SEWERAGE PROJECT CHARGES) / BCC CHARGES (BENEFICIAL CONTRIBUTION CHARGES). ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 AND 3 TO ADJUST THE BCC CHARGES COLLECTED FROM THE PETITIONER i.e. A SUM OF RS.5,50,26,030/- (VIDE DEMAND DATED 06.05.2020, PAID ON 29.05.2020) AND RS.72,49,628/- (VIDE DEMAND NOTICE DATED 18.05.2022, PAID ON 02.06.2022), IN TOTAL A SUM OF RS.6,22,75,658/- TOWARDS THE NOC FEES, ADVANCE PROBABLE PRORATA CHARGES AND TREATED WATER CHARGES FOR CONSTRUCTION AS RAISED IN THE DEMAND NOTICE DATED 06.03.2025 (PRODUCED AS ANNEXURE-G) AND THE BALANCE AMOUNT TO BE ADJUSTED TOWARDS THE FUTURE WATER CHARGES TO BE GENERATED BY THE RESPONDENT BOARD & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Manmohan P.N., learned counsel for petitioner, Sri.Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri B.L.Sanjeev, learned counsel for respondent Nos.2 and 3. 2. The charges levied against the petitioner, in the case at hand, are either few or all of these charges viz., Beneficiary - 3 - NC: 2025:KHC:14788 WP No. 10631 of 2025 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: 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 - 4 - NC: 2025:KHC:14788 WP No. 10631 of 2025 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 writ petition stands disposed on the very same findings and observations. 4. In addition to the aforesaid directions, the petitioner shall be entitled to all consequential benefits that would flow from the aforesaid order including issuance of NOC. Ordered accordingly. I.A.No.1 of 2025 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE RV List No.: 2 Sl No.: 3