M/S. Vistanest Ventures LLP Vs Bangalore Water… — Writ and Judicial Review | Karnataka HC (2025)

M/S. Vistanest Ventures LLP Vs Bangalore Water… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed in terms of the findings and observations in W.P. No. 20016/2021 (disposed 05.04.2024), i.e., demands of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges stand held illegal while demands of Advance Probable Pro Rata Charges and Treated Water Charges for Construction stand upheld.

Issue for consideration

Whether the demand notice issued by the Bangalore Water Supply & Sewerage Board, conditioning issuance of a No Objection Certificate on payment of Greater Bangalore Water and Sanitation Project / Beneficiary Capital Contribution charges, Advance Probable Pro Rata charges and/or Treated Water Charges for construction, is lawful.

Court's answer

Since the legality of the very charges levied on the petitioner already stands decided by this Court in W.P. No. 20016/2021 (disposed on 05.04.2024) and the issues are covered on all fours, the present writ petition is disposed on the very same findings and observations.

Detailed headnote1 paragraphs

Writ Petition (GM-BWSSB) — Demand notice by Bangalore Water Supply & Sewerage Board for issue of No Objection Certificate — charges comprising Greater Bangalore Water and Sanitation Project / Beneficiary Capital Contribution charges, Advance Probable Pro Rata charges and Treated Water Charges for construction — identical charges already decided by this Court in W.P. No. 20016/2021 and connected matter (disposed 05.04.2024), wherein the demands of Advance Probable Pro Rata Charges and Treated Water Charges for Construction were upheld, the demands of Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage project charges were held illegal (with refund of such deposits and liberty to the State/Board to re-impose them by suitable amendments to the Act, Rules or Regulations) — issues covered on all fours — writ petition disposed on the very same findings and observations. Held by M. Nagaprasanna, J.; petition filed under Articles 226 and 227 of the Constitution of India.

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NC: 2025:KHC:48315 WP No. 25935 of 2025

HC-KAR

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

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25935 OF 2025 (GM-BWSSB)

BETWEEN:

M/S. VISTANEST VENTURES LLP A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO. 10/1, GROUND FLOOR, LAKSHMINARAYANA COMPLEX, PALACE ROAD, BANGALORE-560052, REPRESENTED BY ITS PARTNER, SRI. P. ASHWIN PAI.

…PETITIONER

(BY SRI. CHANDAN K., ADVOCATE)

AND:

BANGALORE WATER SUPPLY & SEWERAGE BOARD, 1^ST FLOOR, CAUVERY BHAVAN, KG ROAD, BANGALORE 560 009, REPRESENTED BY ITS CHAIRMAN.

THE CHIEF ENGINEER (NORTH), BANGALORE WATER SUPPLY & SEWERAGE BOARD, 6^TH FLOOR, CAUVERY BHAVAN, KG ROAD, BANGALORE - 560 009.

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad

STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT,

4^TH FLOOR, VIKASA SOUDHA, BANGALORE 560 001, REP. BY ITS SECRETARY.

…RESPONDENTS

(BY SRI. B.S.GURUSWAMY, AGA FOR RESPONDENT/STATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE DEMAND NOTICE FOR NO OBJECTION CERTIFICATE IN APPLICATION NO.BWSSB-NOC-2025-4-8586-042812385869, DEMAND NOTE GENERATION DATED 06/08/2025 PRODUCED AT ANNEXURE-A AND ETC.,

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

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NC: 2025:KHC:48315 WP No. 25935 of 2025

HC-KAR

ORAL ORDER

The charges levied by the respondents upon the petitioner in the case at hand are few or all of these, 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.

(il) The demand of Advance Probable Pro Rata Charge s 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

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HC-KAR

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 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/(M.NAGAPRASANNA) JUDGE

RSH/CT-ASC

List No.: 19 Sl No.: 13