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2026 DAILYLAW 1340 (KAR)

M/S SNN ESTATE LLP v. THE STATE OF KARNATAKA

WP/3591/2026 · 2026-02-21

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10887 WP No. 3591 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 3591 OF 2026 (GM-BWSSB) BETWEEN: M/S. SNN ESTATE LLP, A LIMITED LIABILITY PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.35/B, 3RD FLOOR, POTENTIAL HOUSE, 1ST MAIN ROAD, 3RD PHASE, J.P NAGAR, BANGALORE - 560 078, REPRESENTED BY ITS PARTNER SRI. NITIN AGARWAL S/O SRI. RAMESH CHANDRA AGARWAL, AGED ABOUT 47 YEARS. …PETITIONER (BY SRI. SUDHAKAR G.V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001. 2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001. REP. BY ITS CHAIRMAN Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10887 WP No. 3591 of 2026 3. THE CHIEF ENGINEER (NORTH) BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SRI. B.L. SANJEEV, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE DEMAND NOTICE DATED 20/01/2026, BEARING NO. BWSSB- NOC-2025-8- 3703-082003395624, ISSUED BY THE RESPONDENT (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: - 3 - HC-KAR NC: 2026:KHC:10887 WP No. 3591 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Sudhakar G.V., learned counsel appearing for the petitioner; Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1 and Sri. B.L. Sanjeev, learned counsel appearing for respondent Nos.2 and 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 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: - 4 - HC-KAR NC: 2026:KHC:10887 WP No. 3591 of 2026 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 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.” 3. In the light of the issues answered by this Court supra standing covered to the case at hand on all its fours, the - 5 - HC-KAR NC: 2026:KHC:10887 WP No. 3591 of 2026 writ petition stands disposed on the very same findings and observations. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 39