- 1 - HC-KAR NC: 2025:KHC:19384 WP No. 15983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15983 OF 2025 (GM-BWSSB) BETWEEN: 1. SRI N.SHIVASHANKAR S/O LATE R.NANJUNDAIAH AGED ABOUT 65 YEARS NO. 53, 2ND CROSS, NEAR BETHEL NAGAR MAIN ROAD, BRINDAVANA LAYOUT VIRGONAGAR, BENGALURU - 560 049 REPRESENTED BY GPA HOLDERS. 2. SRI BALAJI SHELTERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SY NO. 52/1 SADARAMANGALA VILLAGE, K.R.PURAM HOLBI BANGALORE EAST TALUK, BENGALURU – 560 067 (REGISTERED FIRM NO. SJN-F669-2022-23) REPRESENTED BY ITS MANAGING PARTNER SRI RAMESH V, S/O LATE S.VENKATAPPA AGED ABOUT 48 YEARS. …PETITIONERS (BY SRI YASHAVANTHSWAMY A. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY THE URBAN DEVELOPMENT DEPARTMENT Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19384 WP No. 15983 of 2025 VIKASA SOUDHA, BENGALURU – 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVANA KEMPEGOWDA ROAD, BENGALURU – 560 001 REPRESENTED BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVANA KEMPEGOWDA ROAD, BENGALURU – 560 001. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER BY WAY OF CERTIORARI QUASHING THE DEMAND NOTICE FOR NO OBJECTION CERTIFICATE ISSUED DATED 05/04/2025, APPLICATION NO.BWSSB-NOC-2025-4-4879- 040508261854, ISSUED BY THE RESPONDENT NO.3 (ANNEXURE-D FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND VIOLATIVE OF ARTICLE OF 14 OF THE CONSTITUTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:19384 WP No. 15983 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The charges levied by the respondents upon the petitioners 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: "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. - 4 - HC-KAR NC: 2025:KHC:19384 WP No. 15983 of 2025 (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. (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, - 5 - HC-KAR NC: 2025:KHC:19384 WP No. 15983 of 2025 the writ petition stands disposed on the very same findings and the observations. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 26 CT:SS