Laying Of Pipelines Is General Duty Of Bangalore Water Supply & Sewerage Board; Cannot Be Projected To Be Subject Matter Of Fees: Karnataka HC
The Karnataka High Court has observed that the laying of pipelines is a general duty of the Bangalore Water Supply and Sewerage Board, and cannot be projected to be a subject matter of fees.
In that context, the Bench of Justice M Nagaprasanna observed that, "What the Board is seeking to project is that they are wanting costs towards laying of pipelines for supply of water to bring water to every residents house within the precincts of the Board. This is the general duty of the Board, as the Board is established with manifold functions, one such function is, laying of pipelines inter alia. The general duties of the Board cannot be projected to be a subject matter of such fee, without there being any service rendered for imposition of such fee. Therefore, the element of quid pro quo being absent, collection of the charges at the time of issuance of NOC for approving a plan becomes contrary to law, as there is no such charging section or no such provision in the Act or the Regulations to define what would be BCC and the manner of its imposition. Therefore, the subject impost – BCC is sans authority of law. The charge thus tumbles."
Senior Counsel Vikram Huilgol, along with others, appeared for the petitioner, while AGA Dhyan Chinnappa and AGA Vinod Kumar, along with others, appeared for the respondents.
In this case, the petitioners were required to pay specific amounts for BCC charges, advance probable pro rata charges, and treated water charges for construction before obtaining NOC from BWSSB. Dissatisfied, the petitioners took the matter to the Karnataka High Court, contesting the imposition of these charges.
The Court came to the following findings:
"(i) Advance Probable Pro Rata Charges are held to be legal.
(ii) Treated Water Charges are also held to be legal, in the light of its foundation in the statute.
(iii) Beneficiary Capital Contribution Charges and Greater Bangalore Water Sewerage Project charges are held to be illegal"
The Court also stressed that if the citizens of the State wish to enjoy pure potable water, it is necessary for them to be a part of augmenting revenue to such distribution Boards, by payment of charges, a caveat legally determined charges.
Appearances:
Petitioner: Senior Counsel Vikram Huilgol, Counsel Kempegowda
Respondents: AGA Dhyan Chinnappa, AGA Vinod Kumar, Senior Counsels MN Seshadri, Ravi B Naik, Counsels KB Monesh Kumar, A Jaganath
Cause Title: Sobha Limited vs The State of Karnataka & Ors.
