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Andhra Pradesh High Court
Judges : M.N.RAO, SARDAR ALI KHAN
Ajay Constructions - Appellant
Versus
Kakateeya Nagar Co-operative Housing Society Ltd - Respondent
Decided On : 04-23-91
MUNICIPALITIES ACT - SECTION 147 - DUTY OF COUNCIL TO PROVIDE AND MAINTAIN SUFFICIENT SYSTEM OF PUBLIC DRAINS - SECTION 148 - OWNERS OF BUILDINGS TO PAY FOR CLEARANCE OF SULLAGE FROM THEIR BUILDING BY CONNECTING THEIR HOUSE DRAINS WITH PUBLIC DRAINS - SECTION 149 - ALL HOUSE DRAINS, PRIVIES AND CESS POOLS WITHIN THE MUNICIPALITY SHALL BE UNDER THE CONTROL OF THE COUNCIL - SECTION 150 - COMMISSIONER SHALL, ON AN APPLICATION BY THE OWNER OR OCCUPIER OF ANY PREMISES OR THE OWNER OF PRIVATE STREET, ARRANGE IN ACCORDANCE WITH THE BYELAWS, FOR THE CONNECTION OF THE APPLICANT’S DRAIN WITH ANY PUBLIC DRAIN AND WHERE THERE IS UNDERGROUND SEWER, ANY PRIVATE LATRINE WITH ANY UNDERGROUND SEWER, AT A DISTANCE NOT EXCEEDING ONE HUNDRED METRES THEREFROM AT THE APPLICANT’S EXPENSE - MUNICIPALITY HAS A DUTY TO ENSURE UNDERGROUND FLOW OF SEWERAGE AND SULLAGE FROM THE LATRINES OR THE CESS POOLS TO BE FORMED IN THE PRIVATE RESIDENCES OF THE AREAS CONCERNED - MUNICIPALITY CANNOT GRANT PERMISSION TO CONNECT THE SEWERAGE LINE OF THE AJAY CONSTRUCTIONS TO THE UNDERGROUND PIPE LINE OF HABS HIGUDA CONTRARY TO THE PERMIT CONDITIONS IMPOSED BY HUDA BEFORE GRANTING PERMISSION FOR CONSTRUCTION OF THE FLATS - ACTION OF MUNICIPALITY IN GRANTING PERMISSION TO CONNECT THE SEWERAGE LINE OF THE AJAY CONSTRUCTIONS TO THE UNDERGROUND PIPE LINE OF HABS HIGUDA IS ILLEGAL AND IS QUASHED.
Fact of the Case:
The Kakateeya Nagar Co-operative Housing Society Limited, Habshiguda filed a writ petition challenging the order of the Commissioner of Uppal Kalan Municipality 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. The Society contended that there was no proper drainage facility in Habshiguda area and the construction of multi-storied buildings would lead to unhygienic conditions. M/s. Ajay Constructions, Kakateeya Nagar, who had been impleaded as respondent No. 6 in the writ petition, embarked upon the project to construct multi-storied buildings, consisting of 32 flats, in an area of 1000 Square yards. The Gram Panchayat, which was in existence at that time, approved the plans submitted by M/s. Ajay Constructions. The Society, by its letter dated 14-4-1988 addressed to the Hyderabad Urban Development Authority, urged not to ratify or approve the plan submitted by M/s. Ajay Constructions for construction of multi-storied building. However, the fouth respondent informed the 2nd respondent Uppal Kalan Municipality of the approval given by it for the construction of the multi-sioried buildings. The said approval dated 17-10-1988 was given through a resolution passed on 27-9-1988 which is in the following terms: "the plans will be released to Municipality who must fully satisfy regarding adequate septic tank and sewerage disposal before sanctioning and also afterwards so that the residents of the locality have no objection."
Finding of the Court:
The court held that the permission granted by the Municipality, vide its order dated 28-12-1988, impugned in the writ petition, is thoroughly unjust and illegal and is, therefore, quashed as such. The court further held that the Municipality cannot grant permission to connect the sewerage line of the Ajay Constructions to the underground pipe line of Habshiguda contrary to the permit conditions imposed by HUDA before granting permission for construction of the flats.
Issues: Whether the Municipality has a duty to ensure underground flow of sewerage and sullage from the latrines or the cess pools to be formed in the private residences of the areas concerned?
Ratio Decidendi: The court relied on the provisions of the A. P. Municipalities Act, 1965, which impose a duty on the Municipality to provide and maintain a sufficient system of public drains and to ensure underground flow of sewerage and sullage from the latrines or the cess pools to be formed in the private residences of the areas concerned. The court also relied on the permit conditions imposed by HUDA before granting permission for construction of the flats, which prohibited the discharge of effluent outside the septic tanks and soakage pits to be put up for this purpose.
Final Decision: The court quashed the order of the Municipality permitting M/s. Ajay Constructions to connect and drain out the water flowing from the soakage pit of the building to the existing drain at Habshiguda. The court also directed the Municipality to disconnect the sewage pipe lines from the underground municipal pipe line of Habshiguda after a period of one month from the date of the order. The court further directed the Municipality to take steps to provide an efficient underground drainage system for the entire area.
( 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 Shri R. Sadasiva sharma, 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 Construction, Kakateeya Nagar were also impleaded as respondent No. 8. The members of Harijanawada 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 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 undisputed fact that there is underground drainage system in Habshiguda including the area covered by the Society up till 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 insure 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 Zila 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 flow
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