- 1 - NC: 2025:KHC:17959 WP No. 12250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12250 OF 2025 (GM-BWSSB) BETWEEN: M/S. ISLAND STAR MALL DEVELOPERS PVT. LTD., MALL MANAGEMENT OFFICE, LOWER GROUND INCORPORATED UNDER THE COMPANIES ACT, 1956 WHITE FIELD MAIN ROAD, MAHADEVAPURA POST PHOENIX MARKETCITY, BENGALURU – 560 048 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. GAJENDRA SINGH RATHORE MANAGING DIRECTOR. …PETITIONER (BY SRI SAMMITH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS ENGINEER-IN-CHIEF 2ND FLOOR, CAUVERY BHAVAN, K.G. ROAD BENGALURU - 560 009. 3. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN KEMPE GOWDA ROAD, BENGALURU - 560 009. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:17959 WP No. 12250 of 2025 4. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BUILDING, DISTRICT OFFICES ROAD BENGALURU - 560 001. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GO NO. UDD 145 MNI 2004 DATED 28/02/2005 ISSUED BY RESPONDENT NO. 1, AS CONTAINED IN ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 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: - 3 - NC: 2025:KHC:17959 WP No. 12250 of 2025 "35. For the aforesaid reasons, the following: ORDER (i) The Writ Petitions are allowed in part. (il) 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 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. - 4 - NC: 2025:KHC:17959 WP No. 12250 of 2025 (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." 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.: 101 CT:SS