- 1 - HC-KAR NC: 2026:KHC:21828-DB WP No. 12250 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 12250 OF 2026 (GM-POL) BETWEEN: 1. SMT KM JAYAMMA D/O. LATE MOLLE GOWDA AGED ABOUT 77 YEARS RESIDING AT NO.277 6TH CROSS, MANASARA ROAD INDIRANAGAR, MYSORE - 570 010 REPRESENTED BY HER GPA HOLDER - SRI. KUNAL. B 2. M/S. MODERN ASSET CORP. A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT NO.23, (OLD NO.5), 4TH FLOOR SANKEY SQUARE, SANKEY ROAD LOWER PALACE ORCHARDS BENGALURU - 560 003 REPRESENTED BY ITS PARTNER - SRI. KUNAL. B …PETITIONERS (BY SRI. T SESHAGIRI RAO., ADVOCATE) Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21828-DB WP No. 12250 of 2026 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 PARISARA BHAVAN 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU - 560 001 REPRESENTED BY ITS MEMBER SECRETARY 3. THE ENVIRONMENT OFFICER KSPCB REGIONAL OFFICE - MYSURU OPPOSITE HOTEL ROYAL INN, KRS ROAD, HEBBAL INDUSTRIAL AREA METAGALLI, MYSORE - 570 016 …RESPONDENTS (BY SRI. A. MAHESH CHOWDHARY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER DIRECTING THE RESPONDENT NOS.1 AND 2 TO CONSIDER AND ACCORD APPROVAL FOR CFE FOR THE ONLINE APPLICATION OF THE PETITIONERS HAVING APPLICATION NO.327042, PCB NO.279092, BASED ON THE RECOMMENDATION OF THE RESPONDENT NO.3 - 3 - HC-KAR NC: 2026:KHC:21828-DB WP No. 12250 of 2026 FOUND AT ANNEXURE-M TO THE WRIT PETITION, WITHIN A PERIOD OF TWO WEEKS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. Sri. A.Mahesh Chowdhary., learned counsel accepts notice for the respondents. 3. The petitioners have filed the present petition, inter alia, praying as under: a. Issue a writ of mandamus or any other writ or order directing the respondent No.1 & 2 to consider and accord approval for CFE for the online application of the petitioners having application No.327042, PCB No.279092, based on the recommendation of the respondent No.3 found at Annexure-M to the writ petition, within a period of two weeks; b. Grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of the case. - 4 - HC-KAR NC: 2026:KHC:21828-DB WP No. 12250 of 2026 4. The petitioners had applied for Consent For Establishment [CFE] for formation of residential layout over a land measuring 53 acres 13 guntas falling in Sy.Nos.210, 214/1, 214/2 and 214/3 situated at Huyilalu village, Yelawala Hobli, Mysuru Taluk. 5. The petitioners contends that they have received all necessary approvals including the environmental clearance for setting up a layout. However, the petitioners have not received any CFE, although the application has been pending for a considerable time. The petitioners also states that although necessary recommendations for issuing the CFE have been made, the Karnataka State Pollution Control Board [KSPCB], which is arrayed as respondent No.1, has not issued the same. 6. The learned counsel appearing for the KSPCB submits that the petitioners' application for CFE is pending consideration and there has been further correspondence in this regard. He states that a decision with respect to the application would be communicated to the petitioners within a period of four weeks from date. The KSPCB is bound down to the said statement. It shall consider the petitioners' application in accordance with law and communicate its decision within the aforesaid period. - 5 - HC-KAR NC: 2026:KHC:21828-DB WP No. 12250 of 2026 7. In view of the above, the petition is disposed of, in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 12