Karnataka High Court
M/S Esteem Icon vs The State Of Karnataka on 22 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:18475
WP No. 10315 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. 10315 OF 2018 (GM-BWSSB)
BETWEEN:
M/S. ESTEEM ICON
A PARATNERSHIP FIRM,
HAVING ITS OFFICE AT No.32, 33, 34,
3RD FLOOR, SNS CHAMBER,
239, SANKEY ROAD,
SADASHIVANAGAR,
BENGLAURU 560080.
REP BY ITS PARTNER,
SRI.NARAINDAS BODARAM
...PETITIONER
(BY SRI.SHIVANANDA S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS ADDITIONAL CHIEF SECRETARY,
Digitally signed
by NAGAVENI URBAN DEVELOPMENT DEPRTMENT,
Location: HIGH
VIDHANA SOUDHA, BENGLURULU 560001
COURT OF
KARNATAKA 2. THE CHAIRMAN
BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
CAUVERY BUILDING,
DISTRICT OFFICES ROAD,
BENGLAURU 560001
3. THE ENGINEER-IN-CHIEF
BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
CAUVERY BUILDING,
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NC: 2024:KHC:18475
WP No. 10315 of 2018
DISTRICT OFFICES ROAD,
BENGLAURU 560001
4. THE CHIEF ADMINISTRATIVE
OFFICER CUM SECRETARY
BANGALORE WATER SUPPLY
AND SEWERAGE BOARD,
CAUVERY BUILDING,
DISTRICT OFFICES ROAD,
BENGLAURU 560001
...RESPONDENTS
(BY SRI.RAHUL CARIAPPA.K.S., AGA FOR R1.,
SRI.KEMPANNA, ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DTD 25.2.2016 PUBLISHED IN
KARNATAKA STATE GAZETTE PART-IV-A DTD 26.2.2016
NO.325 AS CONTAINED IN ANNEXURE-E; QUASH THE DEMAND
LETTER DTD 28.2.2018 AS CONTAINED IN ANNEXURE-G
INSOFAR AS DEMAND FOR PAYMENT OF ADVANCE PROBABLE
PRORATA CHARGE, UNDER CLAUSE-II OF SAID DEMAND
NOTICE; AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Shivananda S., learned counsel for petitioner, Sri Rahul Cariappa K.S., learned Additional Government Advocate for respondent No.1 and Sri Kempanna, learned counsel for respondent No.2 to 4.
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NC: 2024:KHC:18475 WP No. 10315 of 2018
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.
(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 -4- NC: 2024:KHC:18475 WP No. 10315 of 2018 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