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2014 DIGILAW 165 (KAR)

H. G. NAGARAJ v. BANGALORE WATER SUPPLY & SEWERAGE BOARD

2014-02-14

A.S.BOPANNA

body2014
ORDER The petitioners are before this Court assailing the endorsement dated 05.10.2013 impugned at Annexure-C to the petition. 2. The petitioners claim to be the absolute owners of the property bearing No.67, Bull Temple Road, Basavanagudi, Bangalore4. The petitioners had obtained water supply and sewage connection in respect of the said building which came to be disconnected in the year 2007, since the petitioner proposed to put up a new commercial construction. Subsequent to the construction being put up, the petitioners have made an application dated 30.04.2013 seeking restoration of the water and sanitary connection for the commercial building. 3. On consideration of the said application, the communication dated 05.10.2013 (Annexure-C) is issued to the petitioners demanding a sum of Rs.3,69,182/- as deposit for providing the connection. The petitioners claiming to be aggrieved by the quantum of demand that has been made under the communication is before this Court assailing the same. 4. The respondents have filed their objection statement seeking to justify their action. It is contended that the premises of the petitioners had the water and sanitary connection in R.R.No.S414172 which was disconnected with effect from 05.02.2007. Subsequent thereto, the petitioners have put up a construction and have let out the premises to 3M Car Care and in that view, it is contended that the building in question being a commercial one, the rate at Rs.300/per Sq. Mtr. is applicable for the purpose of deposit to be made which would be in a sum of Rs.3,69,182/. The further amount required to be paid towards the meter deposit etc., is also indicated in the objection statement. 5. The learned counsel for the petitioners would however contend that the rate at Rs.300/per Sq. Mtr. as applied by the respondents is not justified, since the enhancement to Rs.300/per Sq. Mtr. was brought into effect on 23.05.2013, while the construction of the petitioner had been completed during January, 2013 and the premises had already been let out from 07.03.2013. In such circumstance, it is contended that the quantum is not justified. 6. With regard to the amendment made to the regulations enhancing the rate to Rs.300/per Sq. Mtr., it is with effect from 23.05.2013. In such circumstance, it is contended that the quantum is not justified. 6. With regard to the amendment made to the regulations enhancing the rate to Rs.300/per Sq. Mtr., it is with effect from 23.05.2013. There is no serious dispute with regard to the fact that the petitioners have completed the construction of the building during January, 2013 and the rental agreement produced at Annexure-A indicates that the building had been let out on 07.03.2013. In any event, the fact that the petitioners have made the application seeking connection prior to the date of the amendment that is on 30.04.2013 cannot be in dispute inasmuch as the impugned communication dated 05.10.2013 has referred to the application of the petitioners. 7. If this aspect of the matter is kept in view, the rate which was applicable prior to 23.05.2013 alone would be applicable to the premises of the petitioners. Presently, though the impugned communication does not refer to the rate at which it has been calculated, the objection statement filed herein would disclose that it was done at the rate of Rs.300/per Sq. Mtr.. In the present facts noticed above, the same would not be sustainable. Accordingly, the impugned communication dated 05.10.2013 stands quashed. A direction is issued to the respondents to recalculate the amount to be deposited by the petitioners keeping in view the rate that was prescribed under the regulation for commercial buildings prior to the amendment made on 23.05.2013 and the amount be demanded from the petitioner. The petitioner shall thereafter pay the said amount, pursuant to which the respondents shall provide connection sought for by the petitioners. In terms of the above direction, the petition stands disposed of.