N. Y. HANUMANTHAPPA, J.

( 1 ) THIS is taken up writ petition on the basis of a representation sent by the residents of Krishnapuri Colony, West nehru Nagar, Secunderabad. The said writ petition is taken up as Public Interest litigation. The contents of the representation are as follows: the petitioners are the residents of krishnapuri Colony, West Nehru Nagar, secunderabad, which comes under the jurisdiction of Secunderabad Cantonment it is alleged that M/s. Kartik Constructions of West Marredpalli (2nd respondent) constructed 27 flats multi-storied complex- opposite to their houses without making a provision for septic tanks. According to the petitioners the 2nd respondent constructed 27 flats though the Cantonment authorities had accorded permission for construction of 10 flats only. Thus the said construction is an unauthorised one. Due to the absence of septic tanks, raw faecal matter is being let into the adjacent open rain water drain due to which the petitioners are experiencing foul odour and unable to keep their windows open. Even the occupants of the 27 flats seem to be strange human beings in perpetuating this crime against society. This situation creates health hazards to the residents of Krishnapuri Colony. The petitioners brought this matter to the notice of Sub-Area Commander on 20-5-1993 who in turn instructed the Executive Officer, secunderabad Cantonment Board, 1st respondent, to look into the matter and solve the same. As there was no improvement in the matter, the petitioners also met the 1st respondent on 17-7-1993 who replied them that he had inspected the septic tank and certified accordingly and nothing remains to be done in the matter. Being not satisfied with the attitude of the 1st respondent, the petitioners requested the Station Health Officer, Military hospital, Cantonment who inspected the complex in question and gave report dated 27-7-1993 endorsing the allegations levelled by the petitioners.

( 2 ) APART from Sewage problem, the petitioners stated that due to the continuous pumping of underground water since commencement of the construction work, the petitioners were forced to go in for bore well as their open wells were completely dried. Even now on account of the continuous pumping of ground water by the inhabitants of 27 flats, some of the bore wells of the petitioners have dried. Thus, they are facing a desparate water situation.

( 3 ) THE petitioners further stated that there is also garbage pollution as wet and dry garbage from the complex is being thrown in the open road as the builder did not make arrangement for collection of garbage. The builder instead of installing the transformer within the premises, installed the same by constructing stone masonry plinth of about 5 (6 high) on the colony road, thereby creating obstruction for traffic and nuisance to the residents of the colony. During construction due to the heavy movement of lorries, concrete mixtures etc. , the colony road was severely damaged and exposed the road metal leaving it in a miserable state. The cantonment, authorities are least bothered in this regard.

( 4 ) ). On the complaint given by the petitioners and other residents of a nearby colony, a notice dt. 7-4-1992 was given to the 2nd respondent u/s. 185 (1) of the cantonment Act to remove the unauthorised construction within thirty days. Aggrieved by this notice, the 2nd respondent preferred an appeal u/s. 274 of the Cantonment Act before the Competent authority which was dismissed by an order dated 26-10-1993 observing that the construction is illegal and the Board is at liberty to take further action in pursuance of the notice. Pending appeal, the 1st respondent- Cantonment Board filed o. S. No. 438/1992 on the file of the xviii Assistant Judge, Secunderabad and obtained a temporary injunction restraining the 2nd respondent from proceeding with the unauthorised construction. In spite of the said injunction order, the 2nd respondent completed the entire constructi