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2025 DAILYLAW 23458 (KAR)

M/S CASA GRAND LOTUS PVT LTD v. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB)

WP/11809/2024 · 2025-04-21

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16398 WP No. 11809 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. 11809 OF 2024 (GM-BWSSB) BETWEEN: M/S CASA GRAND LOTUS PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED ADDRESS AT NO.34/1, 4TH FLOOR, MEANEE AVENUE ROAD, OPP LAKE SIDE HOSPITAL, NEAR ULSOOR LAKE, ULSOOR ROAD, BENGALURU-560042, REPRESENTED BY ITS AUTHORISED SIGNATORY, SRI. BHASKAR L, S/O SRI LAKSHMAN, AGED ABOUT 34 YEARS. …PETITIONER (BY SRI. SANDEEP LAHIRI.,ADVOCATE) AND: 1. BENGALURU WATER SUPPLY AND SEWERAGE BOARD (BWSSB) 2ND FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560009. BY CHIEF ENGINEER. 2. THE CHIEF ENGINEER (SOUTH), BWSSB, 7TH FLOOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560009. 3. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560001, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16398 WP No. 11809 of 2024 REP BY ITS SECRETARY. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R3, SRI B L SANJEEV, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE ISSUED BY THE R2 GENERATED ON 05/04/2024 TOWARDS APPLICATION NO. BWSSB-NOC-2024-3-6198-033111072719 IN INTEREST OF JUSTICE AND ENQUIRY VIDE ANNEXURE-A 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 Sandeep Lahiri, 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 - 3 - NC: 2025:KHC:16398 WP No. 11809 of 2024 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 Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges is - 4 - NC: 2025:KHC:16398 WP No. 11809 of 2024 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 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.: 480