Karnataka High Court
Tranquil Realty Private Limited vs State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:17488
WP No. 18968 of 2022
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. 18968 OF 2022 (GM-BWSSB)
BETWEEN:
TRANQUIL REALTY PRIVATE LIMITED
BEING A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT NO.30,
VASWANI VICTORIA
VICTORIA ROAD
BANGALORE-560047
REPRESENTED BY ITS DIRECTOR
MR ARUN A ADVANI
...PETITIONER
(BY SMT. MANASA M B., ADVOCATE)
AND:
Digitally
signed by
NAGAVENI 1. STATE OF KARNATAKA
Location:
HIGH REPRESENTED BY PRINCIPAL SECRETARY,
COURT OF URBAN DEVELOPMENT DEPARTMENT
KARNATAKA
4TH FLOOR, VIKAS SOUDHA
AMBEDKAR VEEDHI
BANGALORE-560001
2. BANGALORE WATER SUPPLY AND
SEWERAGE BOARD (BWSSB)
REPRESENTED BY ITS CHIEF ADMINISTRATIVE
OFFICER / SECRETARY,
2ND FLOOR, CAUVERY BHAVAN, K G ROAD
BANGALORE-560009
-2-
NC: 2024:KHC:17488
WP No. 18968 of 2022
3. THE CHIEF ENGINEER, BWSSB
2ND FLOOR, CAUVERY BHAVAN, K G ROAD
BANGALORE-560009
...RESPONDENTS
(BY SRI.RAHUL CARIAPPA K.S, AGA FOR R1;
SRI B.L.SANJEEV, ADV. FOR R2 AND R3 )
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO a) QUASHING /
SETTING ASIDE THE NOTIFICATION NO. BWSSB/C/CAO-
S/5200/2019-20 DATED 06.03.2020 AND THE EXECUTIVE
ORDER BEARING NUMBER
BAN.JA.MA/A/PRA.MV.A/MV.A(PV)/MU.A(PA)/7011/2019-20
DATED 13.03.2020 PRODUCED ATR ANNEXURE-H AND J
RESPECTIVE AS UNCONSTITUTIONAL AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
- 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Smt. Manasa M.B., learned counsel for petitioner/s, Sri.Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.1 and Sri B.L.Sanjeev, learned counsel for respondent Nos.2 and 3.
2. The charges levied against the petitioner/s, 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 -3- NC: 2024:KHC:17488 WP No. 18968 of 2022 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.
(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 -4- NC: 2024:KHC:17488 WP No. 18968 of 2022 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 KG