M/S Krishna Priya Estates Pvt. Ltd., Vs the State of Karnataka

¶1

1 -

¶2

NC: 2025:KHC:16390 WP No. 18138 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 21^ST DAY OF APRIL, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18138 OF 2024 (GM-BWSSB)

¶7

BETWEEN:

¶8

M/S KRISHNA PRIYA ESTATES PVT LTD., A PRIVATE COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013, SITUATED AT NO. 100/1, CITI CENTRE OPP, TOWN HALL, J C ROAD, BANGALORE 560 002. REPRESENTED BY ITS DIRECTOR, MR AVNASH AMARLAL.

¶9

Digitally signed by NAGAVENI Location: High Court of Karnataka

¶10

M/S MICRO LABS LIMITED, A COMAPNY REGISTERED UNDER THE, ERSTWHILE COMPANIES ACT, 1956 AND PRESENTLY GOVERNED BY THE PROVISIONS OF THE COMPANY ACT 2013, OFFICE AT NO. 31, RACE COURSE ROAD, BENGALURU 560 001, REPRESENTED BY ITS AUTHORISED SIGNATORY, MR ASHOK KUMAR G.

¶11

BOTH REPRESENTED BY ITS GPA HOLDER, M/S BRIGADE ENTERPRISES LIMITED, A COMPANY REGISTERED UNDER THE, ERSTWHILE COMPANIES ACT, 1956 AND PRESENTLY GOVERNED BY THE PROVISIONS OF THE COMPANY ACT, 2013., REPRESENTED BY ITS AUTHORISED SIGNATORY, MR UDAYA KUMAR A, DEPUTY GENERAL MANAGER LEGAL OFFICE AT NO. 29^TH AND 30^TH FLOOR, WORLD TRDE CENTRE 26/1, BRIGADE GATEWAY CAMPUS, DR RAJKUMAR ROAD, MALLESWARAM RAJAJINAGAR, BENGALURU - 560055.

¶12

…PETITIONERS

¶13

2 -

¶14

NC: 2025:KHC:16390 WP No. 18138 of 2024

¶15

(BY SRI. SAMMITH. S.,ADVOCATE)

¶16

AND:

¶17

THE STATE OF KARNATAKA, REPRESENTED BY UNDER SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

¶18

BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS ENGINEER IN CHIEF, 2^ND FLOOR, CAUVERY BHAVAN, K G ROAD, BENGALURU - 560 009.

¶19

THE CHIEF ENGINEER (NORTH), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2^ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009.

¶20

THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICES ROAD, BENGALURU - 560 001.

¶21

…RESPONDENTS

¶22

(BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI B L SANJEEV, ADVOCATE FOR R2 TO R4)

¶23

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE GO NO. UDD 145 MNI 2004 DTD. 28.02.2005 ISSUED BY R-1 AS CONTAINED IN ANNX-C. DECLARE THAT THE AMENDED REGULATION NO. 5 OF THE BANGALORE WATER SUPPLY (AMENDED) REGULATIONS 2015 AS AMENDED BY THE NOTIFICATION NO.BWSSB/C/CAO-S/4137/2015-16, BENGALURU DTD. 25.02.2016 ISSUED BY R-4, PUBLISHED IN KARNATAKA STATE GAZETTE PART-IV-A DTD. 26.02.2016 NO. 325 AS CONTAINED IN ANNX-D AS BEING ULTRA VIRES IN THE CONSTITUTION OF INDIA AND ETC.

¶24

THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

3 -

¶26

NC: 2025:KHC:16390 WP No. 18138 of 2024

¶27

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

¶28

ORAL ORDER

¶29

Heard Sri Sammith. S, learned counsel for petitioners,

¶30

Sri. Mohammed Jaffar Shah, learned Additional

¶31

Government Advocate for respondent No.1 and Sri B L Sanjeev, learned counsel for respondent Nos.2 to 4.

¶32

The charges levied against the petitioners, in the

¶33

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

¶34

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

4 -

¶36

NC: 2025:KHC:16390 WP No. 18138 of 2024

¶37

“35. For the aforesaid reasons, the following:

¶38

ORDER

¶39

(i) The Writ Petitions are allowed in part.

¶40

(ii) The demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction are upheld.

¶41

(iii) The demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges are held to be illegal.

¶42

(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.

¶43

(iv) Petitioners in these petitions who have deposited amounts demanded as Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges is 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.

¶44

(v) In cases where in the event the petitioners has 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.”

¶45

3. In the light of the issues answered by this Court

¶46

supra standing covered to the case at hand on all its fours, the

¶47