Smt Veena Vs State of Karnataka

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NC: 2025:KHC:35109 WP No. 12751 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.12751 OF 2017 (GM-BWSSB)

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BETWEEN:

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SMT. VEENA W/O SRI. S. VISHWA MURTHY AGED ABOUT 48 YEARS RESIDING AT NO.192 1^ST MAIN, 12^TH BLOCK 2^ND STAGE, NAGARABHAVI BENGALURU-560 072.

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…PETITIONER

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(BY SRI. B. SHARATH KUMAR, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-506 001 BY ITS CHIEF SECRETARY.

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THE COMMISSIONER BENGALURU WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G.ROAD BENGALURU-506 009.

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THE ASSISTANT EXECUTIVE ENGINEER BWSSB, WEST 5^TH BLOCK, 2^ND STAGE, NAGARABHAVI, RING ROAD BENGALURU-560 072.

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…RESPONDENTS (BY SRI. SRINIVAS KUMAR, HCGP FOR R1; SRI. B. L. SANJEEV, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING/SETTING

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HC-KAR

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ASIDE THE ORDERS ISSUED ON 08.11.2016 AS PER REPORT DATED 28.09.2016 BY THE R-3 IN CASE NO.BWSSB/AEE(W2)AE/JE/28/2015-16/3018 AT ANNEXURE-A, PERTAINING TO EXCESS OF RS.1,20,279/- BE SET ASIDE, CONSEQUENTLY DIRECT THE AUTHORITIES TO CONNECT THE WATER SUPPLY AND SANITARY CONNECTION TO THE PETITIONER'S PREMISES AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has challenged a demand raised by the respondent No.3 demanding a sum of Rs.1,20,279/- as the prorata charges for providing water and sewerage facilities.

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The petitioner claims that he being the owner of a residential premises bearing No.192 1^st Main, 12^th Block, 2^nd Stage, Nagarabhavi, Bengaluru 560072, sought for a water and sewerage connection. The respondent No.3 inspected the property and issued a demand notice dated 12.02.2016 requiring the petitioner to pay pro-rata charges of Rs.1,37,198/- within one month from the date of the demand. The petitioner belatedly paid the pro-rata charges from 22.04.2016. She thereafter visited the respondent No.3 seeking information about the amount of interest to be paid for the delayed payment. Since the respondent No.3 did not carry out

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HC-KAR

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any work, she approached the respondent No.3 again on 17.09.2016 in terms of a letter and submitted a letter and also requested the respondent No.3 to inform the amount of interest payable. The respondent No.3 issued a demand note calling upon the petitioner to pay a sum of Rs.1,20,279/-, being the deficit pro-rata charges. The petitioner is therefore before this Court challenging the authority of respondent No.3 to impose enhanced pro-rata charges.

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The learned counsel for the petitioner submitted

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that as per the demand dated 12.02.2016, the petitioner was required to pay a sum of Rs.1,37,198/- within thirty days, failing which, interest at the rate of 12% per annum was leviable. He contends that the petitioner though had taken a demand draft to pay the said amount, the same was lost. He contends that the petitioner again obtained a fresh demand draft and paid the pro-rata charges on 22.04.2016. He therefore contends that the liability, if any, is only to pay interest for the delayed payment as per the demand notice dated 12.02.2016. Contrarily, the respondent No.3 had issued a fresh demand notice enhancing the pro-rata charges to a sum of Rs.2,56,977/- and deducted a sum of Rs.1,37,198/- already

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NC: 2025:KHC:35109 WP No. 12751 of 2017

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HC-KAR

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paid by the petitioner and demanded a sum of Rs.1,20,279/-, which he contends, the petitioner is not liable.

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The learned counsel for the respondents on the other hand, contended that the petitioner was required to deposit the pro-rata charges within thirty days from 12.02.2016. He contends that the petitioner did not deposit the amount and in the meanwhile, pro-rata charges were enhanced with effect from 26.02.2016 and the petitioner was bound to pay the enhanced pro-rata charges. He contends that the respondents are authorized in law under Section 16 of the Bangalore Water Supply and Sewerage Act, 1964 (henceforth referred to as 'BWSSB Act' for short), to vary the pro-rata charges. He therefore contends that the petitioner was bound to pay the enhanced pro-rata charges.

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Under Section 16 of the BWSSB Act, the respondent No.2 is entitled to levy pro-rata charges and also vary such charges from time to time. Under Regulation 5.3 of the Bangalore Water Supply Regulations, 1965, any owner of a property desirous to obtain a water supply connection is bound to pay the pro-rata charges as prescribed under Section 16 of

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HC-KAR

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the BWSSB Act. The petitioner who had sought for a water and sewerage connection from respondent No.2 was called upon to pay a sum of Rs.1,37,198/- vide demand note dated 12.02.2016. The petitioner was required to pay the said amount within thirty days, failing which, interest at the rate of 12% per annum was leviable. However, in the meanwhile, the respondent No.2 had enhanced the pro-rata charges as per Annexure-R3 with effect from 26.02.2016, but such enhancement was in respect of applications that were received after 26.02.2016. Therefore, the respondent No.3 could not have called upon the petitioner to pay enhanced pro-rata charges, as the application filed by the petitioner was on 07.12.2015.

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In that view of the matter, the impugned demand made by respondent No.3 is not justified and the same is liable to be quashed.

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Accordingly, the writ petition is allowed-in-part .

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The impugned demand made by respondent No.3 is quashed. However, the respondent No.3 is directed to inform the petitioner, the amount of interest payable for the belated payment of Rs.1,37,198/- within 30 days from the date of

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NC: 2025:KHC:35109 WP No. 12751 of 2017

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