SMT SHASHIKALA SATHYANARAYANA v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD
WP/16331/2024 · 2025-04-21
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27571 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27571 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16393 WP No. 16331 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. 16331 OF 2024 (GM-BWSSB) BETWEEN:
1.
SMT SHASHIKALA SATHYANARAYANA, W/ O B N SATHYANARAYANA, AGED ABOUT 60 YEARS,R/AT NO. 424, 4TH CROSS, CANARA BANK LAYOUT, NEAR HEALTH CENTER , KODIGEHALLI, BENGLAURU - 560097.
2.
SMT. G K ROOPA, W/O B R SHASHIDHAR, AGED ABOUT 48 YEARS,R/AT NO. 424, 4th CROSS, CANARA BANK LAYOUT,NEAR HEALTH CENTER, KODIGEHALLI, BENGLAURU - 560097.
3.
DR. G.K. RACHANA, W/O. PRAVEEN R, AGED ABOUT 40 YEARS, R/AT 614, 6TH A MAIN, 2ND B CROSS, HRBR LAYOUT, 2ND BLOCK, NEAR OM SHAKTHI TEMPLE, KALYAN NAGAR, BENGALURU-560043.
4.
SMT. G.K. DEEPIKA, W/O. LOKESHA K.K., AGED ABOUT 38 YEARS, R/AT NO. 40, 2ND MAIN, RAILWAY COLONY, VENKATACHARINAGAR, LOTTEGOLLAHALLI RAILWAY STATION, RMV 2ND STAGE, BENGALURU-560094. …PETITIONERS (BY SRI. RAJU S.,ADVOCATE) AND:
1.
BANGALORE WATER SUPPLY AND SEWERAGE BOARD II FLOOR, CAUVERY BHAVAN, K.G. ROAD,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:16393 WP No. 16331 of 2024
BANGALORE - 560009, REPRESENTED BY ITS CHAIRMAN.
2.
THE CHIEF ENGINEER (NORTH), 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 - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI B L SANJVEEV, ADVOCATE FOR R1 & R2, SRI MOHAMMED JAFFAR SHAH, AGA FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB-NOC-2024-6-88-060410125746, DEMAND NOTE GENERATION DTD. 14.06.2024 ISSUED BY THE R-2 VIDE ANNX-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 petitioners, 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 petitioners, in the case at hand, are either few or all of these charges viz.,
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NC: 2025:KHC:16393 WP No. 16331 of 2024
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:
“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
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NC: 2025:KHC:16393 WP No. 16331 of 2024
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 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.: 485