Karnataka High Court
M/S Esteem Kings Dwelling Pvt Ltd vs State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:17395
WP No. 26302 of 2023
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.26302 OF 2023 (GM-BWSSB)
BETWEEN:
M/S. ESTEEM KINGS DWELLING PVT. LTD.,
REPRESENTED BY ITS DIRECTOR,
GAURAV AHUJA,
AGED ABOUT 35 YEARS,
SON OF NARAINDAS BODARAM,
HAVING ITS REGISTERED OFFICE AT UNIT NO.33,
III FLOOR SNS CHAMBERS NO.239,
SANKEY ROAD, SADASHIVNAGAR,
BANGALORE - 560 080.
REGISTERED UNDER COMPANIES ACT, 2013.
...PETITIONER
(BY SRI. SAMMITH. S., ADVOCATE)
AND:
Digitally signed
by NAGAVENI
1. STATE OF KARNATAKA,
Location: HIGH
REPRESENTED BY UNDER SECRETARY,
COURT OF
KARNATAKA URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
REPRESENTED BY CHIEF ADMINISTRATIVE
OFFICER CUM SECRETARY,
2ND FLOOR,
CAUVERY BHAVAN, K. G. ROAD,
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NC: 2024:KHC:17395
WP No. 26302 of 2023
BANGALORE - 560 009.
3. THE CHAIRMAN,
BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
2ND FLOOR, CAUVERY BHAVAN,
K. G. ROAD,
BENGALURU - 560 009.
4. THE CHIEF ENGINEER (M),
BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
2ND FLOOR, CAUVERY BHAVAN,
K. G. ROAD, BENGALURU - 560 009.
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR., AGA FOR R-1
SRI. K.B. MONESH KUMAR., ADVOCATE FOR R-2TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
i) QUASH THE GOVERNMENT ORDER NO. DATED 14/07/2011
ISSUED BY R1 ACCORDING APPROVAL TO THE R2 BOARD TO
COLLECT GBWASP/BCC CHARGES, AS CONTAINED IN
ANNEXURE-B AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Sammith S., learned counsel for petitioner, Smt. Navya Shekhar, learned Additional Government Advocate for respondent No.1 and Sri K.B. Monesh Kumar, learned counsel for respondent Nos.2 to 4.
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NC: 2024:KHC:17395 WP No. 26302 of 2023
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:
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 -4- NC: 2024:KHC:17395 WP No. 26302 of 2023 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 writ petition stands disposed on the very same findings and observations. Ordered accordingly.
Sd/-
JUDGE SJK List No.: 1 Sl No.: 0