BRIGADE ENTERPRISES LIMITED v. THE STATE OF KARNATAKA
WP/4260/2020 · 2026-01-14
M G S Kamal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 46608 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46608 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2358 WP No. 4260 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4260 OF 2020 (GM-BWSSB) BETWEEN:
BRIGADE ENTERPRISES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, AND HAVING ITS REGISTERED OFFICE AT 29TH AND 30TH FLOORS, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJINAGAR, BENGALURU, KARNATAKA-560 055 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE VIZ., MR. UDAYA KUMAR A. …PETITIONER
(BY SRI. V. SRINIVAS RAGHAVAN, SENIOR COUNSEL FOR SRI. LOMESH KIRAN N.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY /ADDL. CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU, KARNATAKA-560 001.
2.
THE BENGALURU WATER SUPPLY AND SEWERAGE BOARD
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2358 WP No. 4260 of 2020
REPRESENTED BY ITS COMMISSIONER, 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU, KARNATAKA-560 009.
3.
THE ENGINEER-IN- CHIEF BENGALURU WATER SUPPLY AND SEWERAGE BOARD 2ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU, KARNATAKA-560 009.
4.
THE ASST. EXECUTIVE ENGINEER BENGALURU WATER SUPPLY AND SEWERAGE BOARD, NW-1 SUB-DIVISION, 1ST N BLOCK, RAJAJINAGAR, BENGALURU, KARNATAKA-560 010. …RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI. B.L. SANJEEV., ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR DATED 19.12.2019 ANNEXURE-A AS ILLEGAL, NULL AND VOID ISSUED BY R-3 CONSEQUENTLY, QUASH THE IMPUGNED NOTICE DATED 27.12.2019 ANNEXURE-B PURPORTEDLY ISSUED PURSUANT TO THE SAID ORDER AND THE IMPUGNED CIRCULAR AS ILLEGAL, NULL AND VOID ISSUED BY R-4.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2026:KHC:2358 WP No. 4260 of 2020
ORAL ORDER
Pursuant to the order dated 18.12.2019 passed by National Green Tribunal ('NGT' for short) in the Original Application No.125/2017 wherein BWSSB has been directed to ensure that treated water is not discharged into the Underground Drainage ('UGD' for short) network from the premises which are having Sewage Treatment Plants (STP's for short) as per KSPCB norms, a notice dated 27.12.2019 came to be issued by the respondent No.4/Assistant Executive Engineer of BWSSB to the petitioner calling upon the petitioner to upkeep STP's in good working condition and to treat sewage as per standard stipulated by STP's, failing which UGD would be disconnected.
2. Sri. V. Srinivas Raghavan, learned Senior counsel appearing for the petitioner on instructions submit that STP's have been installed within the premises of the petitioner and excess water is also being internally recycled and used and that there is no discharge of the same through UGD connections. However, he submits that since the impugned notice at Annexure-B, which is in the form of an order /direction to
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HC-KAR NC: 2026:KHC:2358 WP No. 4260 of 2020
disconnect the UGD connection, has been issued without any enquiry or opportunity of being heard respondents be directed to provide an opportunity to the petitioner to present their case regarding they having installed STP's and recycling /using excess water. He further submits that petitioner would not press relief in respect of Circular produced at Annexure-A.
3.
Learned counsel for the respondent-BWSSB on the other hand submits that petitioner would be provided an opportunity of being heard and if it is found that the installation of STP's and re-usage of treated water is not in accordance with norms and as per the NGT directions, appropriate action will be taken thereafter.
4. Submission is taken on record.
5. In view of the same, petition is disposed of. Petitioner is permitted to file its response to the notice at Annexure-B along with documents if any, within 30 days from the date of receipt of certified copy of this order. Respondent Nos.3 and 4 shall after providing sufficient opportunity to the petitioner including inspection of the premises of the petitioner
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HC-KAR NC: 2026:KHC:2358 WP No. 4260 of 2020
if required and after ensuring that the petitioner has in compliance with the required/ applicable norms/law set up the STP's and is using treated water as the case may be, pass appropriate orders within an outer limit of 60 days thereafter. Till such time, no precipitative action shall be taken.
Sd/- (M.G.S. KAMAL) JUDGE
RU List No.: 1 Sl No.: 19