Karnataka High Court
Esteem South Parks Pvt Ltd vs The State Of Karnataka on 5 August, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:30438
WP No. 17661 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.17661 OF 2025 (GM-BWSSB)
BETWEEN:
ESTEEM SOUTH PARKS PVT LTD
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956, HAVING ITS REGISTERED
OFFICE AT UNIT NO.33,
3RD FLOOR, SNS CHAMBERS NO.239, SANKEY ROAD
SADASHIVNAGAR, BENGALURU 560080
REP. BY ITS AUTHORISED SIGNATORY/DIRECTOR
GAURAV AHUJA
...PETITIONER
(BY SRI SAMMITH S, ADVOCATE)
Digitally signed by AND:
NAGAVENI
Location: High
Court of 1. THE STATE OF KARNATAKA
Karnataka
REPRESENTED BY UNDER SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA,
BENGALURU-560 001
2. BANGALORE WATER SUPPLY AND
SEWERAGE BOARD,
REPRESENTED BY ITS CHIEF ADMINISTRATIVE
OFFICER/SECRETARY,
2ND FLOOR, CAUVERY BHAVAN, K.G. ROAD
BENGALURU- 560 009
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NC: 2025:KHC:30438
WP No. 17661 of 2025
HC-KAR
3. THE CHAIRMAN
BANGALORE WATER SUPPLY AND
SEWERAGE BOARD,
6TH FLOOR, CAUVERY BHAVAN,
K.G. ROAD,
BENGALURU- 560 009
4. THE CHIEF ENGINEER (M)
BANGALORE WATER SUPPLY AND
SEWERAGE BOARD,
CAUVERY BUILDING,
DISTRICT OFFICES ROAD BENGALURU- 560 001
...RESPONDENTS
(BY SRI K B MONESH KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO I. GRANT AN ORDER,
DIRECTION OR WRIT IN THE NATURE OF CERTIORARI
QUASHING THE GOVERNMENT ORDER DATED 14/07/2011
ISSUED BY RESPONDENT NO.1 ACCORDING APPROVAL TO
RESPONDENT NO.2 BOARD TO COLLECT GBWASP/BCC
CHARGES AS CONTAINED IN ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
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NC: 2025:KHC:30438
WP No. 17661 of 2025
HC-KAR
ORAL ORDER
Heard the learned counsel, Sri Sammith S, appearing for the petitioner and Sri K B Monesh Kumar, learned counsel appearing for the respondents.
2. The petitioner is before this Court, seeking for the following prayer:
PRAYER WHEREFORE, the Petitioners respectfully pray that this Hon'ble Court may be pleased to:
i. Grant an order, direction or writ in the nature of Certiorari quashing the Government Order No.ನಅಇ 152 ಎಂಏ ಐ 2011 dated 14/07/2011 issued by Respondent No. 1 according approval to the Respondent No. 2 Board to collect GBWASP/BCC charges, as contained in ANNEXURE-C in so far as Petitioner is concerned, ii. Grant an order declaring the Amended SL. No. 1 of Regulation 5.3 of the Bangalore Water Supply Regulations, 1965, as amended by Notification No. BWSSB/C/CAO- S/5200/2019-20 dated 06/03/2020 issued by 2nd Respondent insofar as increasing the rate of pro rata charges for residential building to Rs.400, as contained in ANNEXURE-E as ultra vires the Constitution of India, -4- NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR iii. Grant an order, direction or writ in the nature of Certiorari quashing the Circular bearing No. ೆಂ.ಜ.ಮಂ/ಅ/ ಪ ಮುಅ/ಮು (ಪ )/ಮುಅ (ಪ)/7011/19-20 dated 13/03/2020 issued by Respondent No.3 directing all Executive and Assistant Executive Engineers to impose the amended pro-rata charges prior to giving approval for water and sanitary connections, as contained in ANNEXURE-F;
iv. Grant an order, direction or writ in the nature of Certiorari quashing the consequent online Demand Note bearing No. bearing Application No.265557513 dated 24/02/2025 issued by the 4th Respondent which demanded the payment of pro- rata charges of INR.1,98,46,829/- (Rupees One Crore Ninety Eight Lakh Forty Six Thousand Eight Hundred and Twenty Nine only), GBWASP charges/BCC charges of INR.44,43,322/- (Rupees Forty Four Lakhs Forty Three Thousand Three Hundred and Twenty Two only) amongst others, totally a sum INR.2,59,48,440/- (Rupees Two Crore Fifty Nine Lakhs Forty of Eight Thousand Four Hundred and Forty only) for provision of both water supply and sanitary connection, as contained in ANNEXURE-N; and v. Grant an order, direction or writ in the nature of Mandamus, directing the Respondents to provide the water connection without insisting payment of Pro Rata Charges and GBWASP charges;
vi. Such other relief or reliefs as this Hon'ble Court may deem fit to grant, including cost of the Petitioners, in the facts and circumstances of the case, in the interest of justice and equity.-5-
NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR
3. In identical circumstances, this Court passed the following order:
"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.-6-
NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR
(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. The learned counsel for the petitioner submits that the Division Bench has modified the order by the following order:
"Heard learned Senior Advocate Mr. Vikram Huilgol along with learned advocate Mr. S. Sammith for the appellants, learned Government Advocate Mr. K.S. Harish for respondent No.1 and learned advocate Mr. K.B. Monesh Kumar for respondent Nos.2 to
4.
2. The appellants are the original petitioners who have called in question the judgment and order dated 22.04.2024 passed by learned Single Judge whereby, the petition came to be disposed of by issuing directions on the lines of Writ Petition No.20016 of 2021 and connected matter in which, similar points was involved.
3. The dispute in the main petition was with regard to liability of payment of Greater Bangalore Water Supply and Sanitation -7- NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR Project (GBWASP) charges and Beneficiary Capital Contribution (BCC) charges, which was approved to be collected by respondent No.2- the Bangalore Water Supply and Sewerage Board (Board).
The petitioners prayed to set aside the Government Order dated 14.07.2011. which grants such approval to the Board.
3.1 Further prayer was to set aside the notification dated 06.03.2020 issued by respondent No.2-Board whereby, the rate of pro-rata charges for residential buildings is to be increased seeking the same to be declared as ultra vires. It was prayed to direct all the authorities concerned to impose the amended pro-rata charges prior to giving approval for water and sanitary connections.
3.2 It was next prayed to set aside the demand of pro-rata charges of Rs.92,40,542/- and GBWASP charges to the tune of Rs.17,20,160/- and the other connected charges.
4. Assalling the impugned judgment and order, learned Senior Advocate for the appellants would submit that the pro-rata charges are not applicable to the appellants since the appellants do not use over head tanks.
4.1 On the other hand, the case of the respondents is that the very fact that the appellants are within the jurisdiction of respondent No.2-Board, they are liable to pay the charges on pro-rata basis which is necessary for the Board to be collected for day to day expenses.
4.2 Learned Senior Advocate for the appellants prays for interim relief by submitting that demand notice dated 17.05.2022 came to be issued by respondent No.2-Board in which, demand was raised towards domestic HR, water supply and sanitary connection. The -8- NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR total amount claimed towards both the heads of payment was Rs.92,40,542/-.
5. It appears that thereafter, on 13.05.2024 an intimation letter (page 217 on the record of the petition) was issued to developer of the layout of residential project where the appellants have been staying in their respective residential houses, asking to clear the charges mentioned in the aforementioned notice which are the pro- rata charges and the other charges, requiring the appellants to pay the same within seven days. It was stated that unless the charges are paid as demanded, water connection will be disconnected without any further notice.
5.1 It could be seen that Rs.92,40,542/- was demanded on 17.05.2022 for domestic HR, water supply and sanitary connection. Water supply is an essential utility more particularly, for those who stay in residential houses. Supply of water is inevitable to maintain the day to day activities and the affairs in the house.
6. In the circumstances, interim relief on that count deserves to be granted. Respondent-Board is required to be restrained to take any coercive steps. It was stated that the water connection is already disconnected by the Board and the appellants have been without water connection.
7. In the aforesaid view, it is provided by way of interim relief that the appellants shall pay 50% of the amount of Rs.92,40,542/- and upon payment of such amount of 50%, the water supply shall be forthwith reconnected by the Board."
5. In the light of the order covering the issue that is projected before this Court as modified by the Division Bench, -9- NC: 2025:KHC:30438 WP No. 17661 of 2025 HC-KAR the petition deserves to succeed in terms of the order passed by the Division Bench. The writ petition is disposed, accordingly.
Sd/-
(M.NAGAPRASANNA) JUDGE SN