- 1 - HC-KAR NC: 2026:KHC:31013-DB WP No. 17361 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17361 OF 2026 (GM-POL) BETWEEN: 1. M/S MODERN ASSET A PARTNERSHIP FIRM HAVING OFFICE AT NO. 23 4TH FLOOR, SANKEY SQUARE SANKEY ROAD LOWER PALACE ORCHARD BENGALURU - 560 003 REPRESENTED BY ITS MANAGING PARTNER SRI KUNAL B …PETITIONER (BY SRI TEJAS S.R., ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN 1ST TO 5TH FLOOR NO. 49, CHURCH STREET BENGALURU - 560 001 REPRESENTED BY ITS CHAIRMAN 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:31013-DB WP No. 17361 of 2026 PARISARA BHAVAN 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU - 560 001 REPRESENTED BY ITS MEMBER SECRETARY 3. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE: BENGALURU - YELAHANKA 1ST FLOOR, NISARGA BHAVAN 7TH D MAIN, THIMMAIAH ROAD SHIVANAGAR BENGALURU - 560 079 …RESPONDENTS (BY SRI MAHESH CHOUDHARY, ADVOCATE FOR R-1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE INDIAN CONSTITUTION PRAYING TO ISSUE A WRIT OF DECLARATION, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DECLARING THAT THE PETITIONER'S APPLICATION DATED 09.05.2025 BEARING APPLICATION No. 101475 AND ANNEXURE-A SEEKING RENEWAL OF CONSENT FOR OPERATION IN RESPECT OF THE SCHEDULE PROPERTY, STANDS DEEMED TO HAVE BEEN GRANTED IN TERMS OF SECTION 25(7) OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AND RULE 3(3) OF THE CONTROL OF WATER POLLUTION (GRANT, REFUSAL OR CANCELLATION OF CONSENT) AMENDMENT GUIDELINES, 2026 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:31013-DB WP No. 17361 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying as under: "A. Issue a writ of declaration, or any other appropriate writ, order or direction, declaring that the Petitioner's application dated 09.05.2025 bearing Application No.101475 - Annexure-A and seeking renewal of Consent for Operation in respect of the schedule property, stands deemed to have been granted in terms of Section 25(7) of the Water (Prevention and Control of Pollution) Act, 1974, and Rule 3(3) of the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026; B. In the alternative, direct Respondent Nos.1 and 2 to consider the Petitioner's application dated 09.05.2025 together with the recommendation dated 16.05.2025 of Respondent No.3 and the Petitioner's reply dated 12.12.2025, and pass a reasoned order within such time as may be fixed by this Hon'ble Court; C. Grant such other order or relief as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioner states that the respondent-Karnataka State Pollution Control Board [KSPCB] has granted the petitioner the Consent For Operation [CFO] in respect of the schedule property - 4 - HC-KAR NC: 2026:KHC:31013-DB WP No. 17361 of 2026 bearing Khata No.1325/2/2, Survey No.2/2, Venkatala Village, Yelahanka Hobli, Bengaluru. According to the petitioner, it intended to develop the subject property into a commercial office complex and had, prior thereto, obtained the requisite statutory approvals, including Consent for Establishment [CFE]. Upon completion of the construction and after obtaining an occupancy certificate, the petitioner applied for grant of CFO. The respondent-Board, after inspecting the premises and being satisfied that the project complied with all the statutory compliances under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, granted CFO, which remained valid up to 30.06.2025. The petitioner submitted application seeking renewal of the CFO prior to the expiry. The grievance of the petitioner is that despite the application for renewal being filed in time, the petitioner has not received any satisfactory response in regard to the said application. 3. Mr. A. Mahesh Choudhary, the learned counsel appearing for the KSPCB submits that the petitioner's application for renewal would be duly considered within a period of four weeks from date, which would be communicated to the petitioner. - 5 - HC-KAR NC: 2026:KHC:31013-DB WP No. 17361 of 2026 4. In view of the statement made on behalf of the KSPCB, the petitioner's operations would not be interrupted till its application is decided. The present petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS List No.: 2 Sl No.: 23