M/S Soul Space Projects Ltd. Vs the State of Karnataka

M/S.SOUL SPACE PROJECTS PVT. LTD., [REGISTERED UNDER COMPANIES ACT, 1956], HAVING THEIR REGISTERED OFFICE AT 409, 4^TH FLOOR, DLF TOWER-A, JASOLA, NEW DELHI – 110 025 AND ITS BANGALORE OFFICE AT ‘SOUL SPACE PARADIGM’, NO.2686, 4^TH FLOOR, NEAR HOTEL RADISSON BLU, MARATHAHALLI, OUTER RING ROAD, BENGALURU – 560 037, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR.D.K.SHARMA. [DIRECTOR OF THE COMPANY]. …PETITIONER

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(BY SRI. NARAYANA KUMAR V.J., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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HC-KAR

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THE CHAIRMAN, BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BUILDING, DISTRICT OFFICERS ROAD, BENGALURU – 560 001.

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ENGINEER-IN-CHIEF, THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVANA, K.G.ROAD, BENGALURU – 560 009.

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

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THE CHIEF ENGINEER EAST, THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, K.G.ROAD, BENGALURU – 560 009.

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…RESPONDENTS

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(BY SRI. M.RAJKUMAR, AGA FOR R1; SRI.B.L.SANJEEV, ADVOCATE FOR R2 TO R5)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR NO. BWSSB/C/CAO-S-4137/2015-16, BENGALURU

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HC-KAR

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DATED 25/02/2016 ISSUED BY THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY I.E. RESPONDENT NO.4 AND CIRCULAR NO.BWSSB/EIC/CE(M)/DCE(M)-I-TA(M)III/59/201718 DATED 03/04/2017 ISSUED BY R3 AS CONTAINED IN ANNEXURES-A AND B AND GRANT AN ORDER, DIRECTION OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE DEMAND NOTE BEARING NO.BWSSB-NOC-2024-4-7309040103375092 ‘ANNEXURE-H’ DATED 26/08/2024 ISSUED BY R3 AS CONTAINED IN ANNEXURE H IN SO FAR AS DEMAND FOR PAYMENT OF ADVANCE PROBABLE PRO RATA CHARGES AND GBWASP/BCC CHARGES (GREATER BANGALORE WATER AND SEWERAGE PROJECT/BENEFICIARY CAPITAL CONTRIBUTION) UNDER CLAUSE-II OF SAID DEMAND NOTE AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard Sri.Narayana Kumar V.J., learned counsel for the petitioner, Sri.M.Rajkumar, learned Additional Government Advocate for respondent No.1 and Sri B.L.Sanjeev, learned counsel for respondent Nos.2 to 5.

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HC-KAR

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The charges levied against the petitioner, in the

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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 Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges, by the following order:

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“35. For the aforesaid reasons, the following:

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ORDER

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(i) The Writ Petitions are allowed in part.

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

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

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(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

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HC-KAR

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be illegal under the provisions of the Act or the Rules, by making suitable amendments to the Act, Rules or the Regulations.

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(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.

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(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.”

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