Karnataka High Court
Pride Pavilion Apartment Owners ... vs Bangalore Water Supply & Sewerage Board on 15 April, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC:15587
WP No. 56390 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 56390 OF 2017 (GM-BWSSB)
BETWEEN:
PRIDE PAVILION APARTMENT
OWNERS ASSOCIATION
PRIDE PAVILION APARTMENT
NO.2/1, 1ST STAGE, 6TH PHASE
WEST OF CHORD ROAD
BANGALORE-560010
REPRESENTED BY ITS AUTHORISED SIGNATORY
MR DEEPAK DHIRAJLAL MEHTA
...PETITIONER
(BY SRI. MAYANK HEBBAR., ADVOCATE FOR
SRI. SUNDARARAMAN M.V., ADVOCATE)
AND:
1. BANGALORE WATER SUPPLY & SEWERAGE BOARD
1ST FLOOR, CAUVERY BHAVAN
KEMPEGOWDA ROAD
BANGALORE-560009
Digitally signed REPRESENTED BY ITS CHAIRMAN
by SHWETHA
RAGHAVENDRA
Location: HIGH 2. STATE OF KARNATAKA
COURT OF THROUGH THE CHIEF SECRETARY
KARNATAKA VIDHAN SOUDHA, AMBEDKAR VEEDHI,
BANGALORE-560001
(AMENDED VIDE ORDER DATED 05.08.2021)
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR., AGA FOR R2;
SRI. B.L. SANJEEV., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
REGULATION 4A(2) AND 4A(3) OF THE BANGALORE SEWARAGE
(AMENDMENT) REGULATIONS, 1974 INSERTED BY WAY OF
-2-
NC: 2025:KHC:15587
WP No. 56390 of 2017
NOTIFICATION BEARING NO. BWSSB/C/CAO-S/227/2017-18 DATED
21.04.2017 VIDE ANNX-A WHICH HAS BEEN PUBLISHED IN THE
STATE GAZETTEE IS UNCONSTITUTIONAL AND VIOLATIVE OR
ART.14 OF CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
i. Declare that Regulation 4A(2) and 4A(3) of the Bangalore Sewerage (Amendment) Regulations, 1974 inserted by way of Notification bearing No. BWSSB/C/CAO-S/227/2017-18 dated 21.04.2017 which has been published in the State Gazette is unconstitutional and violative of Art. 14 of the Constitution of India.
ii. Pass such other order or directions as this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of justice.
2. A memo dated 15.4.2025 has been filed and signed by the learned counsel for the petitioner, which reads as under:
Memo Counsel for the petitioner humbly submits as follows:
1. The Present petition has been filed seeking a declaration that Regulations 4A(2) and 4A(3) of the Bangalore Sewerage (Amendment) Regulations, 974 inserted by way of Notification bearing No. BWSSB/C/CAO--3-
NC: 2025:KHC:15587 WP No. 56390 of 2017 S/227/2017/2018 dated 21.04.2017 as unconstitutional and violative of Article 14 of the Constitution of India.
2. In view of a subsequent amendment by way of Notification bearing No. BWSSB/C/CAO-S/5008/2017-18 dated 21.08.2018, in which Regulation 4A was substituted, all buildings constructed prior to the Notification No. FEE 316 EPC 2015 dated 19.01.2016 were exempted from establishing Sewage Treatment Plants. The Notification bearing No. BWSSB/C/CAO- S/5008/2017-18 dated 21.02.2018 and the Notification bearing No. FEE 316 EPC 2015 dated 19.01.2016 are produced herewith as Document Nos. 1 and 2, respectively.
3. In the present case, the petitioner's Apartment Complex was constructed and occupied as early as on 30.06.2014, owing to which the subsequent Amendment as mentioned above would apply. Furthermore, owing to the substitution of Regulation 4A, the present petition filed on 14.12.2017 has been rendered infructuous.
Wherefore, it is most humbly prayed that this Hon'ble Court may be pleased to take this memo on the record, and permit the petitioner to withdraw the present Petition as having been rendered infructuous, in the interest of Justice and Equity.
3. Accepting the said memo and submission of learned counsel for the petitioner, the petition is dismissed as withdrawn.
SD/-
(SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 57