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2025 DAILYLAW 28995 (KAR)

M/S VIDYASHILP INTERNATIONAL SCHOOL v. BANGALORE WATER SUPPLY AND SEWERAGE BOARD

WP/18669/2024 · 2025-04-21

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:16382 WP No. 18669 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. 18669 OF 2024 (GM-BWSSB) BETWEEN: M/S VIDYASHILP INTERNATIONAL SCHOOL, A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT 1932, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO.10/1 GROUND FLOOR, LAKSHMINARAYANA COMPLEX, PALACE ROAD, BANGALORE - 560052, REPRESENTED BY ITS PARTNER SRI P ASHWIN PAI, S/O SRI SATISH PAI. …PETITIONER (BY SRI. CHANDAN K.,ADVOCATE) AND: 1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 1ST FLOOR, CAUVERY BHAVAN K G ROAD, BANGALORE - 560009 REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF ENGINEER (NORTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, K G ROAD, BENGALURU - 560009. 3. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI MONESH KUMAR K B.,ADVOCATE FOR R1 AND R2, SRI MOHAMMED JAFFAR SHAH, AGA FOR R3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16382 WP No. 18669 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. APPLICATION NO. BWSSB- NOC-2024-4-157-042410124353, DEMAND NOTE GENERATION DATED 19/06/2024 PRODUCED AT ANNEXURE-A 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 Chandan K., learned counsel for petitioner, Sri K.B. Monesh Kumar, 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 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 - 3 - NC: 2025:KHC:16382 WP No. 18669 of 2024 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 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 - 4 - NC: 2025:KHC:16382 WP No. 18669 of 2024 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.: 495