Brigade Enterprises Limited Vs the State of Karnataka — Company and Corporate | Karnataka HC (2026)

Brigade Enterprises Limited Vs the State of Karnataka — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to file response to the Annexure-B notice with documents within 30 days of receipt of certified copy; Respondent Nos. 3 and 4 to provide opportunity of hearing including inspection if required, verify compliance of STP installation and treated-water use with applicable norms/law, and pass appropriate orders within an outer limit of 60 days thereafter; no precipitative action until then. Relief against the Annexure-A circular was not pressed by the petitioner.

Issue for consideration

Whether the impugned notice dated 27.12.2019 (Annexure-B), in the form of an order/direction to disconnect the UGD connection, could be acted upon when, according to the petitioner, it was issued without any enquiry or opportunity of being heard, despite the petitioner having installed STPs and internally recycling/reusing excess treated water.

Court's answer

On the submissions being taken on record, the petition is disposed of; the 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 the order.

Ratio / Principle

Respondent Nos. 3 and 4 shall provide sufficient opportunity of being heard to the petitioner, including inspection of the petitioner's premises if required.

Key takeaways

After ensuring that the petitioner has, in compliance with the required/applicable norms/law, set up the STPs and is using treated water, Respondent Nos. 3 and 4 shall pass appropriate orders within an outer limit of 60 days thereafter.ratio¶¶47
Till such appropriate orders are passed by Respondent Nos. 3 and 4, no precipitative action shall be taken against the petitioner.ratio¶¶47

Detailed headnote1 paragraphs

High Court of Karnataka (M.G.S. Kamal J.), disposing of Writ Petition No. 4260 of 2020 (GM-BWSSB) filed by Brigade Enterprises Limited under Articles 226 and 227 of the Constitution: Pursuant to an NGT order dated 18.12.2019 in Original Application No. 125/2017 directing BWSSB to prevent discharge of treated water into the UGD network from premises having STPs, Respondent No.4 issued a notice dated 27.12.2019 (Annexure-B) warning of UGD disconnection; the petitioner contended the notice was an order/direction issued without any enquiry or opportunity of being heard, though its STPs were installed and excess water internally recycled (relief against the Annexure-A circular dated 19.12.2019 not pressed). Recording BWSSB's submission that the petitioner would be heard and action taken only if installation/re-use were found non-compliant with norms and NGT directions, the Court disposed of the petition: petitioner to respond to the Annexure-B notice with documents within 30 days; Respondent Nos. 3 and 4 to provide sufficient opportunity including inspection of premises if required, and after ensuring compliance of STP set-up and treated-water use with the required/applicable norms/law, pass appropriate orders within an outer limit of 60 days thereafter; till such time, no precipitative action to be taken.

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NC: 2026:KHC:2358 WP No. 4260 of 2020

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH 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 29^TH AND 30^TH 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

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

(BY SRI. V. SRINIVAS RAGHAVAN, SENIOR COUNSEL FOR SRI. LOMESH KIRAN N.,ADVOCATE)

AND:

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY /ADDL. CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU, KARNATAKA-560 001.

THE BENGALURU WATER SUPPLY AND SEWERAGE BOARD

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REPRESENTED BY ITS COMMISSIONER, 2^ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU, KARNATAKA-560 009.

THE ENGINEER-IN- CHIEF BENGALURU WATER SUPPLY AND SEWERAGE BOARD 2^ND FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU, KARNATAKA-560 009.

THE ASST. EXECUTIVE ENGINEER BENGALURU WATER SUPPLY AND SEWERAGE BOARD, NW-1 SUB-DIVISION, 1^ST 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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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.

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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NC: 2026:KHC:2358 WP No. 4260 of 2020

HC-KAR

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.

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.

Submission is taken on record.

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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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

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