- 1 - HC-KAR NC: 2025:KHC:44946 WP No. 26454 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26454 OF 2025 (GM-BWSSB) BETWEEN: HEBBAL PROPERTIES PVT. LTD.M A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT HAVING ITS REGISTERED OFFICE AT, NO. 10/1, GROUND FLOOR, LAKSHMINARAYANA COMPLEX, PALACE ROAD, BANGALORE – 560 052, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. VIVEKANANDA NAYAK. …PETITIONER (BY SRI. CHANDAN K., ADVOCATE) AND: 1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 1ST FLOOR, CAUVERY BHAVAN, KG ROAD, BANGALORE - 560 009, REPRESENTED BY ITS CHAIRMAN. 2. THE CHIEF ENGINEER (NORTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KG ROAD, BANGALORE - 560 009. 3. STATE OF KARNATAKA, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC:44946 WP No. 26454 of 2025 DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR RESPONDENT/STATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE DEMAND NOTICE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO. BWSSB-NOC- 2025-7-9759-070412294477, DEMAND NOTE GENERATION DATED 06/08/2025 PRODUCED AT ANNEXURE-A. ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH BWSSB/CH/EIC/CE THE CIRCULAR BEARING NO. BWSSB/CH/EIC/CE (M)/ 3704/2017-18 DATED 24.08.2017 AT ANNEXURE-F. ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE CIRCULAR BEARING NO. MNI 152 MNI 2011 DATED 14.07.2011 AT ANNEXURE G ISSUED BY THE RESPONDENT NO.3. ISSUE A WRIT OF MANDAMUS OR SIMILAR WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS TO ISSUE NO OBJECTION CERTIFICATE NOC IN FAVOUR OF THE PETITIONER IN RESPECT OF THE PROPOSED PROJECT WITHOUT INSISTING FOR PAYMENT OF RS. 45,49,581/ (RUPEES FORTY FIVE LAKH FORTY NINE THOUSAND FIVE HUNDRED AND EIGHTY ONE ONLY) TOWARDS ADVANCE PROBABLE PRO-RATA CHARGES AND RS.58,40,000/- (RUPEES FIFTY EIGHT LAKH FORTY THOUSAND ONLY) TOWARDS BENEFICIARY CAPITAL CONTRIBUTION/ GBWASP CHARGES DEMANDED THROUGH THE IMPUGNED NOTICE AT ANNEXURE-A. ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE INCLUDING PAYMENT OF COST IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44946 WP No. 26454 of 2025 ORAL ORDER The petitioner is before this Court seeking the following prayer: “A. Issue a Writ of Certiorari or similar Writ or order or direction to quash the demand notice for no Objection Certificate in Application No. BWSSB-NOC-2025-7- 9759-070412294477, Demand Note Generation dated 06/08/2025 produced at Annexure-A. B. Issue a Writ of Certiorari or similar writ or order or direction to quash BWSSB/CH/EIC/CE the circular bearing no. BWSSB/CH/EIC/CE (M)/ 3704/2017-18 dated 24.08.2017 at Annexure-F. C. Issue a Writ of Certiorari or similar writ or order or direction to quash the Circular bearing no. MNI 152 MNI 2011 dated 14.07.2011 at Annexure G issued by the Respondent no.3. D. Issue a Writ of Mandamus or similar writ or order or direction to the Respondents to issue no Objection Certificate NOC in favour of the Petitioner in respect of the proposed project without insisting for payment of Rs. 45,49,581/ (Rupees Forty Five Lakh Forty Nine Thousand Five Hundred and Eighty One only) towards Advance Probable Pro-rata Charges and Rs.58,40,000/- (Rupees Fifty Eight Lakh Forty Thousand Only) towards Beneficiary Capital Contribution/ GBWASP charges demanded through the impugned notice at Annexure- A. E. Issue any other appropriate writ or order or direction deemed fit in the circumstances of the case including payment of cost in the interest of justice and equity.” 2. Heard Sri Chandan K., learned counsel for petitioner, Sri. M.R. Patil, learned HCGP for respondent State. - 4 - HC-KAR NC: 2025:KHC:44946 WP No. 26454 of 2025 3. The charges levied against the petitioner in the case at hand are, 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 the Rules, by making suitable amendments to the Act, Rules or the Regulations. - 5 - HC-KAR NC: 2025:KHC:44946 WP No. 26454 of 2025 (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.” 4. 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.1/2025 is disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 19 Sl No.: 15