M/S. Aashish Developers Vs the State of Karnataka

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NC: 2025:KHC:12737 WP No. 8590 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8590 OF 2025 (GM-BWSSB)

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BETWEEN:

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M/S. AASHISH DEVELOPERS, NO.56/2, OPP: KEERTHI GARDENIA, BEHIND VIBGYOR SCHOOL, THUBARAHALLI, VARTHUR ROAD, BENGALURU - 560 066, REPRESENTED BY ITS PARTNER SRI. MANISH GARG, S/O. AMARNATH GARG, AGED ABOUT 47 YEARS.

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…PETITIONER

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(BY SRI. VISHWANATH H.M, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE - 560 001.

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001, REPRESENTED BY ITS COMMISSIONER.

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THE CHIEF ENGINEER (EAST),

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NC: 2025:KHC:12737 WP No. 8590 of 2025

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD, 6TH FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO QUASH THE GOVERNMENT ORDER BEARING NO. UDA/194/MNI/2015, BANGALORE DATED 12.02.2016 ISSUED BY THE RESPONDENT NO.1, PRODUCED AT ANNEXURE E IN SO FAR THE PETITIONER IS CONCERNED.

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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 Shri Vishwanath H.M., learned counsel appearing for the petitioner and Shri Mohammad Jaffar Shah, learned Additional Government Advocate for respondent No.1.

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The charges levied against the petitioner, 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

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3 - NC: 2025:KHC:12737 WP No. 8590 of 2025

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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 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

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4 - NC: 2025:KHC:12737 WP No. 8590 of 2025

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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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In the light of the issues answered by this Court

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supra standing covered to the case at hand on all its fours, the writ petition stands disposed on the very same findings and observations.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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JY List No.: 2 Sl No.: 3 CT: BHK

M/S. Aashish Developers v. the State of Karnataka

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M/S. Aashish Developers v. the State of Karnataka

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