Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16731 OF 2025 (GM-BWSSB) BETWEEN:
1. SRI.H.M. RAMANJINI, S/O LATE MUNISHAMAPPA @ MUNISWAMAPPA, AGED ABOUT 66 YEARS, (SEINOR CITIZEN BENEFITS NOT ANY CLAIMED)
2. SMT.BHAGYAMMA, W/O H.M.RAMANJINI, AGED ABOUT 62 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED). 3. SRI. RAJU H.R, S/O H.M. RAMANJINI, AGED ABOUT 44 YEARS. 4. SRI.H.R.RATHAN GOWDA, S/O RAJU H.R, AGED ABOUT 18 YEARS. 5. MASTER H.R.THRISHAN GOWDA, S/O RAJU H.R, AGED ABOUT 14 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI.H.R.RAJU. 6. SMT.KOMALA RAJU, W/O RAJU H.R, AGED ABOUT 40 YEARS,
PETITIONER 1 TO 6 ARE RESIDING AT
Digitally signed by NAGAVENI Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
NO.40, DHANADHAMMA TEMPLE ROAD, HENNUR VILLAGE, KALYAN NAGAR POST, BANGALORE -560043. 7. H.R. SURESH, S/O H.M.RAMANJINI, AGED ABOUT 42 YEARS,
8. MASTER VISHAL ASHWINI HENNUR SURESH, S/O H.R. SURESH AGED ABOUT 13 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI.H.R.SURESH. 9. MS.VALBHAVI APARAJITHA HENNUR SURESH, D/O H.R.SURESH, AGED ABOUT 9 YEARS, SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN FATHER SRI.H.R.SURESH. 10. SMT. SHRUTHI H.M, W/O H.R.SURESH, AGED ABOUT 33 YEARS,
PETITIONER NO.7 TO 10 ARE ALL RESIDING AT NO.4/5 VIJAYA SUHASINI GOWDA STREET, HENNUR, KALYAN NAGAR POST, BANGALORE-560043. 11. SMT.MANJULA.R, D/O H.M.RAMANJINI, AGED ABOUT 47 YEARS, R/AT.NO.36, BIAL ROAD, ANJINAYA TEMPLE, KEDIGANAHALLI, CHIKKAJALA, BANGALORE-562157. - 3 -
HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
12. SRI.SUBRAMANI H.M S/O LATE MUNISHAMAPPA @ MUNISWAMAPPA, AGED ABOUT 56 YEARS. 13. SMT.N.SAROJAMMA, W/O SUBRAMANI H.M, AGED ABOUT 54 YEARS. 14. SRI.H.S.KIRAN KUMAR, S/O SUBRAMANI H.M, AGED ABOUT 31 YEARS. 15. SMT.VINUTHA R, W/O H.S.KIRAN KUMAR, AGED ABOUT 24 YEARS. 16. MS.YASHVI ARADHAYA, D/O H.S.KIRAN KUMAR, AGED ABOUT 1 YEAR, NATURAL GUARDIAN, FATHER OF H.S.KIRANKUMAR. 17. SRI.KISHORE.S, S/O SUBRAMANI H.M, AGED ABOUT 28 YEARS. PETITIONER NO.12 TO 17 ARE RESIDING AT E-317, GOWDARE COLONY, NEAR DHANADHAMMA TEMPLE ROAD, HENNURU, KALYAN NAGAR POST, BANGALORE-560043. PETITIONER NO.1 TO 17 ARE REP BY GPA HOLDERS NEUMA REALTY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT NO.3219, 4TH FLOOR, WESTLAKE PLAZA, K.V.JAIRAM ROAD, JAKKUR, BANGALORE-560064. - 4 -
HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
REP BY ITS DIRECTOR MR.
SAURABH CHULWAL, S/O DILIPKUMAR CHULWAL, AGED ABOUT 33 YEARS, CIN:U51109KA2010PTC053063 A COMPANY INCORPORATED UNDER THE COMPANY ACT, 1956. …PETITIONERS (BY SRI. YASHAVANTHSWAMY A M., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY. THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE 560001. REP BY ITS CHAIRMAN. 3. THE CHIEF ENGINEER (EAST) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE 560001. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1;
SMT.SUMANGALA CACHCHINMATH, ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 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 29/04/2025, APPLICATION AND DEMAND NOTE GENERATION DATED 31/5/2025 NO.BWSSB-NOC-2025-4-4879- 042910500245, ISSUED BY THE RESPONDENT NO.3
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HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
(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 AND 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
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.
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HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
(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.
(v) In cases where in the event the petitioners have deposited the amount before this Court, as a condition precedent for grant of
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HC-KAR NC: 2025:KHC:20076 WP No. 16731 of 2025
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
CBC List No.: 1 Sl No.: 17