( 1 ) THESE two Writ Appeals, viz. , W. A. No. 811 of 1989 and W. A. No. 1338 of 1989, are directed against an order of a learned single Judge dated 25-4-1989, made in W. P. No. 1070 of 1989.

( 2 ) SINCE common questions of law and fact are involved in both the Writ Appeals, they are being disposed of by a common judgment.

( 3 ) THE array of the parties is given as mentioned in the Writ Petition so that there may not be any confusion while referring to any of the parties.

( 4 ) THE first petitioner is Kakateeya Nagar Co-operative Housing Society Limited, Habshiguda; the second petitioner is one Sri R. Sadasiva Sarma, who is a Professor living in the same area; petitioners 3 and 4, Dr. Ramesh V. Bhat and Sri B. S. Narasinga Rao, are Scientists; the fifth petitioner Sri B. N. Mohan is an Engineer and the sixth petitioner, Sri T. V. Malleswara Rao, is an Industrial Consultant, On the other side, the first respondent is the Government of Andhra Pradesh represented by its Secretary, Municipal Administration; the second respondent is Uppal Kalan Municipality the third respondent is the Osmania University represented by its Registrar; the fourth respondent is Hyderabad Urban Development Authority represented by its Secretary; the fifth respondent is the Andhra Pradesh Pollution Control Board represented by its Secretary and the sixth respondent is M/s. Ajay Constructions, Kakateeya Nagar represented by its partner, Smt. N. Nirmala Devi, The seventh respondent the Director of Public Health, Government of Andhra Pradesh was impleaded on a court direction. The flat owners of M/s. Ajay Constructions, Kakateeya Nagar were also impleaded as respondent No. 8. The members of the Harijana-wada got impleaded as respondents Nos. 9 to 14.

( 5 ) THE prayer in the writ petition is for the issue of a writ of mandamus declaring the order of the Commissioner of Uppal Kalan Municipality in ROC No. 4026/88. Dated 28-12-1988 permitting M/s. Ajay Constructions, Kakateeya Nagar, Habshiguda to connect and drain out the water flowing from the soakage pit of the building to the existing drain at Habshiguda as being void and illegal.

( 6 ) WHEN the matter came up for admission before the learned single Judge, the writ petition was disposed of by a detailed judgment after hearing all the parties at the admission stage itself.

( 7 ) THE essential facts of the case, as stated in the affidavit filed in support of the writ petition, are as follows :-- The Kakateeya Nagar Co-operative Housing Society Limited, Kakateeya Nagar, was formed in 1966 and has built houses in an area of 62 acres in Habshiguda. The society spent huge amounts for development of the roads, laying of pipe lines, supply of drinking water etc. Up to 1987 the society was within the jurisdiction of Habshiguda Gram Panchayat. In 1987 the Uppal Kalan Municipality came into existence. It is an undisputed fact that there is no underground drainage system in Habshiguda including the area covered by the Society uptil now. The society, therefore, made it compulsory for every member to provide a septic tank and soakage pit thereby not allowing any part of the polluted water to come out of the house on to the roads of the Society. The members of the Society have carried out the directions given by the Society and have given no scope for complaint anywhere. The Society decided to lay an underground pipe line from the Harijan Basthi of Habshiguda to the natural open drain of the Osmania University with a view to ensure that rain water and cattle wash of the Harijan Basthi did not flow into the land of the society. For this purpose the Society contributed Rs. One Lakh for laying the underground pipe line and the Zilla Parishad agreed to undertake the work. The pipe line was laid in 1983 with the specific purpose of draining the rain water and the cattle wash of the Harijan Basthi through the underground pipe line and joining the natural open drain of the Osmania University. Since the water, which was flowing

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