( 1 ) IN this petition under Articles 226 and 227 of the constitution the petitioner has sought for issuing a direction in the nature of Mandamus to the respondents to stop excavation of earth from the civic amenity area marked in red ink in Annexure-A to the petition.

( 2 ) RESPONDENTS 1 and 3 have filed separate statement of objections. Respondent No. 2 has made available the records of the case and also the sanctioned layout plan.

( 3 ) THE case of the petitioner is that on the installation of the sewerage treatment plant in the civic amenity site which is opposite to the house of the petitioner facing 60' road running north to south will result in health hazard to the residents of the locality. He has specifically contended that he made a representation in this regard and his representation was not heeded to. According to his case the installation of a sewerage treatment plant results in chemical and biological hazards affecting the health of the people at large. The chemical effect of the plant is emission of sewergas. The atmosphere will be contaminated with hydrogen sulphide. It ig also further contended by him that the other gases that will be emitted are ca