- 1 - NC: 2025:KHC:8915 WP No. 8662 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8662 OF 2023 (LB-BMP) BETWEEN: 1. SRI. GURUPRASAD S/O SRI SEETHARAM J AGED ABOUT 46 YEARS RA/T 1116, GANGUBHAI HANAGAL CROSS ROAD SIR MR VISVESVARAIAH NAGARA, 8TH BLOCK BDA LAYOUT, BANGALORE 560091 …PETITIONER (BY SRI. K.ASHWIN PRABHU., FOR SRI. A MADHUSUDHANA RAO., ADVOCATE) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE 560002 REP BY ITS COMMISSIONER 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) HAROHALLI SUB DIVISION OFFICE BENGALURU 560091 3. BANGALORE DEVLEOPMENT AUTHORITY 5TH MAIN ROAD, KUMARAPARK WEST GUTTAHALLI, BENGALURU 560020 REP BY ITS COMMISSIONER 4. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, NO 49, CHURCH STREET BENGALURU 560001 REP BY ITS CHAIRMAN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8915 WP No. 8662 of 2023 5. SRI MALAGONDA BASAGONDA NAIK SITE NO 1048, GANGUBHAI HANAGAL CROSS ROAD SIR M VISVESVARAIAH NAGARA 8TH BLOCK, BDA LAYOUT, BENGALURU 560091 …RESPONDENTS (BY SMT. SUMANGALA GACHCHINAMATH., ADVOCATE FOR R-1 & R-2; SRI.K.KRISHNA., ADVOCATE FOR R-3; SRI. GURURAJ JOSHI., ADVOCATE FOR R-4; VIDE ORDER DATED 24.01.2025,NOTICE TO R-5 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION QUASHING THE IMPUGNED REPORT DATED 22.09.22 SUBMITTED BY RESPONDENT NO. 2 BEFORE THIS HONBLE COURT IN WP NO. 14398/2021 PRODUCED AT ANNEXURE-J, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to quash the communication dated 24.12.2020, by which the petitioner was informed by the Bruhat Bengaluru Mahanagara Palike ('the BBMP') that respondent No.5, who was a retired Engineer is engaged in Consulting Business in the first floor of his premises. - 3 - NC: 2025:KHC:8915 WP No. 8662 of 2023 2. The petitioner is aggrieved by this activity being carried out by the respondent No.5 and contends that it is a commercial activity being carried out in a residential premises, which is illegal and is causing nuisance to him and also to his neighbours. 3. Respondent No.5 has chosen to remain unrepresented, despite service of notice. 4. Respondent No.5 has refused to receive the hand summons and, therefore, notice to him was held as sufficient. 5. In order to ascertain as to whether the activity of respondent No.5 was causing any kind of disturbance to the neighbours, the Karnataka State Pollution Control Board – respondent No.4 was directed to conduct an inspection and file a report. 6. The respondent No.4 has, accordingly, filed its report dated 01.02.2025, in which the following - 4 - NC: 2025:KHC:8915 WP No. 8662 of 2023 recommendation is stated by the Karnataka State Pollution Control Board – “Recommendation : In view of the above mentioned observation and facts; as the said laboratory is established and in operation in the residential area, there are all chances that the operation of laboratory cause nuisance to the adjacent residents. The activities carry out in the laboratory such as compressing concrete blocs may cause noise and even though, such activities are not continuous and cannot be recorded on average scale, noise generated disturbs the tranquility of the nearby residents and cause nuisance to the residents, located nearby.” 7. In the light of the recommendation of Karnataka Pollution Control Board that the activities carried on in the laboratory such as compressing concrete blocks may cause noise and would disturb the residents, it would be appropriate to direct the BBMP to initiate appropriate action to restrain respondent No.5 from conducting his activities i.e., running the material testing laboratory deviation in his premises. - 5 - NC: 2025:KHC:8915 WP No. 8662 of 2023 This exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, disposed of. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 79