High Court of Karnataka Hears Writ Petitions Against BWSSB for Unauthorised Laying of Sewer Pipelines in Private Lands Without Acquisition. Petitioners Challenge Section 77 as Unconstitutional and Seek Compensation for Violation of Right to Property Under Article 300A.

Writ petitions under Article 226 challenging the Bangalore Water Supply and Sewerage Board's actions of laying/attempting to lay sewage pipelines in private lands without acquisition or consent, and seeking declarations, directions for removal, compensation, and a declaration that Section 77 of the BWSSB Act is unconstitutional.

Removal of sewage pipes, survey and demarcation, compensation for soil erosion and restoration, retaining wall, reimbursement of Rs.10,00,000, declaration of unconstitutionality of Section 77 BWSSB Act, compensation under Right to Fair Compensation Act, 2013.

Alleged unauthorised entry and laying/attempting to lay pipelines by BWSSB without acquisition or consent, causing interference with proprietary rights and damage to land; in WP 8296/2015, additionally soil erosion due to open drain without retaining wall.

WP 8277/2015 filed by petitioner No.1 of WP 7754/2018, wherein status quo order was granted regarding acquisition and modification notifications for Arkavathi Layout. No other prior decisions mentioned.

Whether Section 77 of the BWSSB Act is unconstitutional to the extent it enables laying sewer lines in private land without acquisition and compensation. Whether BWSSB can lay permanent sewer pipelines on private land without following acquisition procedure under Section 127A BWSSB Act or obtaining consent. Whether petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Whether the action of laying pipelines violates Article 300A of the Constitution.

Petitioners argued that BWSSB cannot lay permanent pipelines on private land without acquisition, reliance on Section 127A, and that Section 77 if interpreted to allow such action is unconstitutional; respondents contended that BWSSB is empowered under Sections 76 and 77 to enter and lay pipelines without consent or compensation.

The grievance of the Petitioner is that respondent No.1 – Bangalore Water Supply and Sewerage Board sought to lay sewage pipelines of about 8 feet in diameter through the aforesaid eroded portion by treating the same as part of the drain belonging to the BWSSB. According to the petitioners, when they questioned the action of the respondents, they were informed that the pipelines were intended for carrying treated water from the Nagenahalli Sewage Treatment Plant to Rampur near Malur, and that the BWSSB was empowered to enter upon any land and lay pipelines therein without obtaining consent of the landowner and without payment of compensation. According to the petitioners, such action would result in dispossession and substantial interference with their proprietary rights without adherence to due process of law and in the absence of acquisition proceedings, thereby offending Article 300A of the Constitution of India.

WP No. 8296/2015 filed; WP No. 7754/2018 filed; reference to WP No. 8277/2015 where status quo order was granted regarding acquisition notifications for Arkavathi Layout; matters coming on for orders and reserved for orders on 19.02.2026; Court pronounced CAV order on 01.06.2026.

• Bangalore Water Supply and Sewerage Act, 1964 (BWSSB Act): Section 76, Section 77, Section 127A, Section 39
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
• Bangalore Development Authority Act, 1976: Section 19
• Land Acquisition Act, 1894: Section 16, Section 50(2)
• Constitution of India: Article 226, Article 300A