Mr. C S Harikumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Mr. C S Harikumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed on the findings in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020: the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges (including the impugned demand notice dated 01.07.2024 qua those charges) is held illegal/quashed, while the demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction stands upheld; I.A.No.1 of 2024 disposed as a consequence.

Issue for consideration

Whether the demand notice dated 01.07.2024 bearing No. BWSSB-NOC-2024-6-23-060401353081 issued by Respondent No.3 (Chief Engineer, West, BWSSB) demanding Greater Bangalore Water Supply and Sewerage Project/Beneficiary Capital Contribution (GBWASP/BCC) charges is illegal, arbitrary, without authority of law and violative of Article 14 of the Constitution. +1 more

Ratio / Principle

The issues in this petition stand covered by this Court's earlier decision in W.P.No.20016 of 2021 c/w W.P.No.10020 of 2020, and the writ petition is disposed on the very same findings and observations - namely, that the demand of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges is illegal, while the demand of Advance Probable Pro Rata Charges and Treated Water Charges for Construction is upheld.

Key takeaways

I.A.No.1 of 2024 stands disposed of as a consequence of the main order.ratio¶46

Detailed headnote1 paragraphs

High Court of Karnataka (M. Nagaprasanna, J.), by oral order dated 21-04-2025, disposed of W.P. No. 18150 of 2024 (GM-BWSSB) filed under Articles 226 and 227 of the Constitution by five co-owners (acting through their GPA holder, M/s 5 Elements Homes) challenging a demand notice dated 01.07.2024 (No. BWSSB-NOC-2024-6-23-060401353081) issued by the Chief Engineer (West), BWSSB, demanding Greater Bangalore Water Supply and Sewerage Project/Beneficiary Capital Contribution (GBWASP/BCC) charges as illegal, arbitrary and violative of Article 14. Holding the matter covered 'on all its fours' by the Court's earlier decision in W.P. No. 20016 of 2021 c/w W.P. No. 10020 of 2020 (disposed 05-04-2024), wherein Advance Probable Pro Rata Charges and Treated Water Charges for Construction were upheld and Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges were held illegal, the Court disposed of the petition on the very same findings and observations; I.A. No. 1 of 2024 was disposed of as a consequence.

1 - NC: 2025:KHC:16389 WP No. 18150 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18150 OF 2024 (GM-BWSSB)

BETWEEN:

MR. C S HARIKUMAR, AGED ABOUT 72 YEARS, SON OF LATE SRI C SARANGAPANI, (SENIOR CITIZENSHIP NOT CLAIMED)

MRS PADMAVATHI S H, AGED ABOUT 64 YEARS, WIFE OF MR C S HARIKUMAR, (SENIOR CITIZENSHIP NOT CLAIMED)

MS AKILANDESHWARI, SARANGAPANI HARIKUMAR, AGED ABOUT 44 YEARS, DAUGHTER OF C S HARIKUMAR,

Digitally signed by NAGAVENI Location: High Court of Karnataka

MS GOMATHI SHUBALEKHA, AGED ABOUT 39 YEARS, D/O OF C S HARIKUMAR,

MR SHANMUGA SHYAM S H, AGED ABOUT 36 YEARS, S/O OF C S HARIKUMAR,

ALL ARE RESIDING AT DEVAKI NIVAS NO.91/4, HARIKUMAR ESTATE, MANJUNATHANAGAR, BAGALAKUNTE BENGALURU - 560073, REPRESENTED BY THEIR GPA HOLDER M/S 5 ELEMENTS HOMES, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932,

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NC: 2025:KHC:16389 WP No. 18150 of 2024

'HAVING ITS REGISTERED OFFICE, AT UNIT NO 101 FIRST FLOOR, BRIGADE CORNER NO 73/1-1 S KARIYAPPA ROAD, YEDIYUR CIRCLE, 7TH BLOCK JAYANAGAR BENGALURU - 560082, REPRESENTED BY ITS MANAGING PARTNERS SRI C SUBRAMANI AND SRI KASHINATH B.

…PETITIONERS

(BY SRI. MANJUNATHA S V.,ADVOCATE)

AND:

THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001.

BANGALORE WATER SUPPLY AND SEWERAGE BOARD 2^ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560001, REP BY ITS CHAIRMAN.

THE CHIEF ENGIENER (WEST), BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6^TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560001.

…RESPONDENTS

(BY SRI MOHAMMED JAFFAR SHAH, AGA FOR R1, SRI K B MONESH KUMAR, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD. 01.07.2024 BEARING NO. BWSSB-NOC-2024-6-23-060401353081 ISSUED BY THE R-3 (ANNX-C) ISSUED BY THE CHIEF ENGINEER (WEST BWSSB) FOR DEMANDING THE GREATER BANGALORE WATER SUPPLY AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION (GBWASP/BCC) CHARGES IS CONCERNED AS ILLEGAL, ARBITRARY, WITHOUT AUTHORITY OF LAW AND VIOLATIVE OF ARTICLE OF 14 OF THE CONSTITUTION AND ETC.

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NC: 2025:KHC:16389 WP No. 18150 of 2024

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

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard Sri Manjunatha S.V., learned counsel for petitioners, Sri. Mohammed Jaffar Shah, learned Additional Government Advocate for respondent No.1 and Sri K.B. Monesh Kumar, learned counsel for respondent Nos.2 and 3.

The charges levied against the petitioners, 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 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

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NC: 2025:KHC:16389 WP No. 18150 of 2024

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 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.

(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.”

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NC: 2025:KHC:16389 WP No. 18150 of 2024

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.

I.A.No.1 of 2024 is disposed, as a consequence.

Sd/(M.NAGAPRASANNA) JUDGE

CHS List No.: 1 Sl No.: 490