Karnataka High Court
M/S Esteem Royale vs The State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:18499
WP No. 46903 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 46903 OF 2018 (GM-BWSSB)
BETWEEN:
M/S ESTEEM ROYALE
A PARTNERSHIP FIRM,
HAVING ITS OFFICE AT NO. 32, 33, 34
3RD FLOOR, SNS CHAMBER,
239, SANKEY ROD,
SADASHIVANAGAR,
BENGALURU - 560 080.
REPRESENTED BY ITS PARTNER,
MR. NARAINDAS BODARAM
...PETITIONER
(BY SRI. A NAGESH, ADVOCATE)
Digitally signed
by NAGAVENI
AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE CHAIRMAN
BANGALORE WATER SUPPLY AND SEWERAGE
BOARD,
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NC: 2024:KHC:18499
WP No. 46903 of 2018
CAUVERY BUILDING,
DISTRICT OFFICES ROAD,
BENGALURU - 560 001.
3. THE ENGINEER IN CHIEF
BANGALORE WATER SUPPLY AND SEWERAGE
BOARD,
CAUVERY BUILDING,
DISTRICT OFFICES ROAD,
BENGALURU - 560 001.
4. THE CHIEF ADMINISTRATIVE OFFICER CUM
SECRETARY
BANGALORE WATER SUPPLY AND SEWERAGE
BOARD,
CAUVERY BUILDING,
DISTRICT OFFICES ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. RAHUL CARIAPPA K S, AGA FOR R1;
SRI. GURUDEV I GACHCHINAMATH, ADOCATE
FOR R2 TO R4)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION NO. BWSSB/C/CAO-S/4137/2015-16,
BENGALURU DATED 25.2.2016 PUBLISHED IN KARNATAKA
STATE GAZETTE, PART-IV-A DATED 26.2.2016 NO. 325 VIDE
ANNEXURE-D AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18499
WP No. 46903 of 2018
ORDER
Heard Sri A. Nagesh, learned counsel for petitioner, Sri Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.1 and Sri Gurudev I. Gachchinamath, learned counsel for respondent Nos.2 to 4.
2. The charges levied by the respondents upon the petitioner in the case at hand are all or any one, viz. 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.
(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. -4-
NC: 2024:KHC:18499 WP No. 46903 of 2018
(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."
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/-
JUDGE NVJ List No.: 1 Sl No.: 0