KARNATAKA STATE POLLUTION CONTROL BOARD v. M/S BRUNDHAVANA FOUNDATION
WP/3824/2025 · 2026-09-10
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 39394 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 39394 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010090112025 NC: 2026:KHC:49292-DB WP No. 3824 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3824 OF 2025 (GM-POL) BETWEEN:
1.
KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS SENIOR ENVIRONMENTAL OFFICER (I/C) AGED 56 YEARS S/O MADASETTY D.P.
PARISARA BHAVAN 1ST TO 5TH FLOOR 49, CHURCH STREET BANGALORE - 560 001, KARNATAKA …PETITIONER (BY SRI A. MAHESH CHOWDHARY, ADVOCATE) AND:
1.
M/S BRUNDHAVANA FOUNDATION REGISTERED TRUST THROUGH ITS SECRETARY BALASAHEB S/O SIDHARAM DESHMUKH AGED 43 YEARS R/A CORPORATE OFFICE #1-1165/12/FF/1 DESHMUKH'S COMPLEX PDA ENGINEERING COLLEGE ROAD KALABURAGI - 585 102
Digitally signed by K P SWETHA Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010090112025 NC: 2026:KHC:49292-DB WP No. 3824 of 2025
2.
DEPUTY COMMISSIONER OFFICE OF DEPUTY COMMISSIONER ROOM NO.8 MINI VIDHANA SOUDHA KALABURAGI - 585 101.
(AMENDED VIDE COURT ORDER DATED 12.02.2025) …RESPONDENT (BY SMT. AMOOLYA N. PRASAD, ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE FOR R-1 SMT. NILOUFER AKBAR, AGA FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER DIRECTION TO QUASH THE IMPUGNED ORDER PASSED BY THE HON'BLE NGT IN APPEAL No.72/2024 (SZ) DATED 16.01.2025 VIDE ANNEXURE-A AS THE SAME IS ARBITRARY AND BAD IN THE EYES OF LAW & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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 Karnataka State Pollution Control Board [KSPCB] has filed the present petition impugning an order dated 16.01.2025
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HC-KAR
CNR: KAHC010090112025 NC: 2026:KHC:49292-DB WP No. 3824 of 2025
passed by the National Green Tribunal [NGT] in Appeal No.72/2024 (SZ).
2. Although the impugned order is an appealable order, it is the petitioner's contention that it was passed without affording any opportunity to be heard.
3. At this stage, we may note that in terms of the impugned
order, the learned NGT had set aside the closure order dated 07.12.2024 passed by the KSPCB. Further, a direction was given to KSPCB to inspect the unit within a period of one week from the date of receipt of the said order and other consequential directions were issued.
4. The learned counsel appearing for the parties state that the present petition has become infructuous as the unit is closed down.
5. The learned counsel appearing for respondent No.1 also states that the agreements entered into for operation and maintenance of Biomedical Waste Treatment facility has also been expired with efflux of time.
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HC-KAR
CNR: KAHC010090112025 NC: 2026:KHC:49292-DB WP No. 3824 of 2025
6. In view of the above, the present petition is disposed of. However, we clarify that all rights and contentions of the parties are reserved.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS List No.: 2 Sl No.: 12