- 1 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11725 OF 2023 (GM-BWSSB) C/W WRIT PETITION NO. 8016 OF 2021 (GM-BWSSB) WRIT PETITION NO. 8223 OF 2021 (GM-BWSSB) IN WP No. 11725/2023 BETWEEN: M/S BRIGADE ENTERPRISES LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, 29TH AND 30TH FLOOR, WORLD TRADE CENTER, 26/1, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, MALLESHWARAM- RAJAJINAGAR, BANGALORE -560 055. REPRESENTED BY ITS DEPUTY GENERAL MANAGER, MR. UDAYA KUMAR A AGED ABOUT 56 YEARS. …PETITIONER (BY SRI. SAMMITH. S.,ADVOCATE) AND: 1. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS CHAIRMAN CAUVERY BHAVAN KEMPEGOWDA ROAD Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 BANGALORE- 560 009. 2. THE ASSISTANT EXECUTIVE ENGINEER (EAST-1)-1, BANGALORE WATER SUPPLY AND SEWERAGE BOARD SUB-DIVISION, BWSSB, BEML LAYOUT, 4TH MAIN, KUNDADLAHALLI MAIN ROAD, BANGALORE- 560 066. …RESPONDENTS (BY SRI.K.B. MONESH KUMAR.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. QUASH THE OTHER CHARGES COMMENCING FROM BILL BEARING NO. E-222971112 DATED 06.11.2015 ISSUED BY R-1 IMPOSING ARBITRARY OTHER CHARGES IN THE MONTHLY BILL AS CONTAINED IN ANNEXURE-A AND ETC. IN WP NO. 8016/2021 BETWEEN: M/S. ADARSH DEVELOPERS NO. 10, VITTAL MALLYA ROAD, BANGALORE-560 001, REPRESENTED BY ITS PARTNER AND AUTHORIZED SIGNATORY, SRI. B. M. JAYESHANKAR. ...PETITIONER (BY SRI. SAMMITH. S.,ADVOCATE) AND: 1. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS CHAIRMAN, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE-560 009. - 3 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 2. THE ASSISTANT EXECUTIVE ENGINEER (EAST-1)-1 BANGALORE WATER SUPPLY AND SEWERAGE BOARD, SUB DIVISION, BWSSB, BEML LAYOUT, 4TH MAIN, KUNDALAHALLI MAIN ROAD, BANGALORE-560 037. ...RESPONDENTS (BY SRI. B.L. SANJEEV.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OTHER CHARGES COMMENCING FROM BILL DATED 16.05.2018 IMPOSING ARBITRARY OTHER CHARGES IN THE MONTHLY BILL VIDE ANNX-A16 AND ETC. IN WP NO. 8223/2021 BETWEEN: M/S. ADARSH DEVELOPERS NO 10 VITTAL MALLYA ROAD BANGALORE - 560 001 REP BY ITS PARTNER AND AUTHORIZED SIGNATORY SRI B M JAYESHANKAR. ...PETITIONER (BY SRI. SAMMITH. S.,ADVOCATE) AND: 1. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD REP BY ITS CHAIRMAN CAUVERY BHAVAN, KEMPEGOWDA ROAD BANGALORE - 560 009. - 4 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 2. THE ASSISTANT EXEUCTIVE ENGINEER EAST-1 -1 BANGALORE WATER SUPPLY AND SEWERAGE BOARD (BWSSB) BEML LAYOUT, 4TH MAIN KUNDALAHALLI MAIN ROAD BANGALORE - 560 037. ...RESPONDENTS (BY SRI. B.L. SANJEEV., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OTHER CHARGES COMMENCING FROM BILL BEARING NO. DATED 16/16/2018 IMPOSING ARBITRARY OTHER CHARGES IN THE MONTHLY BILL AS CONTAINED IN ANNEXURE-A17 AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER These petitions put in question the demand raised by the respondent-BWSSB calling upon the petitioners to pay; (a) Rs.30,00,000/- in W.P.No.11725/2023; (b) Rs.22,02,280/- in W.P.No.8016/2021; and (c) Rs.45,73,435/- in W.P.No.8223/2021 under the heading ''other charges''. - 5 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 2. Learned counsel for the petitioners referring to Section 16 of the Bangalore Water Supply and Sewerage Act, 1964 (hereinafter referred to as 'the Act, 1964') submits; (a) that the expression ''other charges'' mentioned under Section 16 of the Act, 1964 has to be read in conjunction with the headings under which the respondent-BWSSB authorized to charge under the Act. Which are provided under clause (a) to (d) of Sub-section (1) of Section 16 of the Act, 1964 and the same cannot be read in isolation to the said headings. (b) That on receipt of the said demand, petitioners herein repeatedly approached the respondent- BWSSB by making written representations seeking explanation from respondent- BWSSB for raising demand for such a huge amount without providing the headings/reasons for said demand and the same has met with no response till date. (c) That in the subsequent bills raised by the respondent-BWSSB, the aforesaid amount has been shown as arrears imposed with the interest thereon causing further burden on the petitioners. (d) That the power to seek payment of fee or other charges as the case may be, should be traceable to the substantive provisions of law, regulations or - 6 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 rules, as the case may be. That in instant case, there is not even a resolution, let alone there being any specific provision under the law, regulation and rules applicable. Therefore, the demands made by the respondent-BWSSB are one without authority of law and arbitrary. Hence, seeks for allowing of these petitions. 3. Learned counsel appearing for the respondent-BWSSB on the other hand submits that the demand raised in W.P.No.11725/2023 is towards reimbursement of the costs incurred by the respondent-BWSSB for restoration of road. The demand raised in W.P.No.8016/2021 and W.P.No.8223/2021 is towards rain water harvesting charges. 4. However, learned counsel is unable to justify the same by producing any document or resolution compatible with provisions of Section 16, regulations or the rules applicable. 5. Heard and perused the records. 6. Section 16 of the Bangalore Water Supply and Sewerage Act, 1964 reads as under: '' 16. General principles for Board’s finance.— (1) For carrying on its operations under this Act, the Board shall levy rates, fees, rentals, prorata charges, deposits, taxes, and other charges and shall vary such - 7 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 rates, fees, rentals, prorata charges, deposits, taxes and other charges from time to time in order to provide sufficient revenue,- (a) to cover operating expenses, taxes, interest payments and to provide for adequate maintenance and depreciation, contribution to pension fund including all expenses incurred during the year; (b) to meet repayment of loans and other borrowings; (c) to finance year to year improvement; and (d) to provide for such other purposes beneficial to the promotion of water supply and disposal of sewage in the Bangalore Metropolitan area as the Board may determine. (2) No part of the revenues of the Board, after meeting the expenses referred to in clauses (a), (b) and (c) of sub-section (1) shall be used to augment the reserves of the Board other than the reserves referred to in sections 24 and 24-A or for the general purposes of the Board including expenses in connection with capital works, other than improvement works.'' 7. Trait law, State demanding any payment shall be traceable to the applicable provisions of law, failing which, the same would clearly be termed as ''arbitrary''. Though the bills/invoices impugned in these petitions indicate the expression ''other charges'', as rightly pointed out by the learned counsel for the petitioners, the same shall be traceable and fall within the four corners of Section 16 of the Act, 1964 and in the absence of any cogent justification, the same cannot be sustained. 8. In that view the matter, following: - 8 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 ORDER (i) Petitions are allowed. (ii) The impugned demand notices, bill bearing No.E-222971112 dated 06.11.2015 at Annexure-A and monthly bill bearing No.222971040 dated 12.04.2023 at Annexure-E in W.P.No.11725 of 2023; bill bearing No.E-406143051 dated 16.05.2018 at Annexure-A16 and monthly bill bearing No.406143020 dated 14.02.2021 at Annexure-F in W.P.No.8016/2021; and bill bearing No.E-406616061 dated 16.06.2018 at Annexure-A17 and monthly bill bearing No.406616020 dated 14.02.2021 at Annexure-F in W.P.No.8223/2021 are set aside. (iii) Matter is remitted to the respondent No.1 who shall first raise the demand by giving explanation/basis for such demand, enabling the petitioners to respond to the same and thereafter - 9 - HC-KAR NC: 2026:KHC:27887 WP No. 11725 of 2023 C/W WP No. 8016 of 2021 WP No. 8223 of 2021 pass appropriate order, if need be, after hearing the petitioners in the matter. (iv) Such demand with justification shall be raised within 6 weeks from the date of receipt of certified copy of this order. (v) No precipitative actions of any nature shall be taken against the petitioners in the meanwhile. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 14