JUDGMENT

B. P. Das, J.

1. Petitioner-Tapan Kumar Das, since dead, claiming himself to be the Secretary of Kazibazar Adipitha Puja Committee, and a public spirited citizen and concerned with the welfare of the locality, filed W.P. (C) No.8797 of 2004 in the nature of public interest litigation for a direction to the Cuttack Municipal Corporation to stop release of foul smelling septic tank and drainage water to the street. His main allegation was that water logging and release of foul smelling septic tank and drainage water to the street are causing pollution hazards in the locality mainly due to filling up of a portion of a big tank located behind the Amala Club at Kazibazar on Hal plot no.537 under Hal Khata no.195 in Cuttack Town, Unit No.14, with an area of Ac.3.182, by a builder, who has purchased the same and has carved out housing plots with a view to sell the same to different persons. According to the petitioner, generally rain-water as well as the domestic waste water from the houses in the surrounding area is discharged to the aforesaid tank. Because of filling up of the said tank, the entire area has been flooded with filthy water from drains and septic tanks causing heal