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2017 Supreme(Kar) 614

A.S.BOPANNA
IBC Knowledge Park Private Limited, Rep. by its Managing Director Yunus Zia – Appellant
Versus
Bangalore Water Supply & Sewerage Board, Rep. Herein by its Chairman – Respondent


Advocates Appeared:
For the Petitioner:M.G.S. Kamal, M/s. Kamal & Bhanu, Advocates.
For the Respondents:Udaya Holla, Sr.Counsel, Vivek Holla, M/s. Holla & Holla, H. Srinivasa Rao, Advocates.

JUDGMENT :

1. The parties to these two writ petitions are the same and the issue essentially is also the same as arising against the demand made by respondents 1 to 3 against the petitioner.

2. The petitioner and respondent No.4 entered into a development agreement where under the petitioner was to develop the property belonging to respondent No.4. In the said process, amongst others the petitioner was to construct four towers (blocks) which were indicated as ‘A’ to ‘D’. Insofar as the construction of the blocks ‘A’ & ‘B’ and provision of water and sewerage connection, there is no serious dispute inasmuch as the amount payable in that regard was demanded by the respondents through the note dated 29.10.2003 and the revised demand dated 24.11.2003. In respect of the same, the amount required to be paid by the petitioner to respondents No.1 to 3 was also paid. Subsequently when the issue relating to providing water and sewerage connections to ‘C’ & ‘D’ blocks constructed by the petitioner arose, the prorata charges and the interest on the amount towards prorata charges was included in the notice dated 27.11.2008. Through another notice dated 27.11.2008 the penalty on the prorata charges























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