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 health hazards and the residents of that area are neither able to move out from their houses nor remain inside due to the foul smell emitted from such stagnated filthy water. That apart, the students of the schools located in and around that area are facing immense difficulties during rainy season to attend their schools due to water logging. It has also been alleged that the State Govt. and the Cuttack Municipal Corporation (CMC) have illegally granted permission to fill up the aforesaid water body and have not made any arrangement for the due discharge of such water. Therefore, a prayer has been made to direct the authorities of the State Govt. as well as the CMC to ensure that the domestic waste water discharged from the surrounding houses does not flow to the street and alternative arrangement is made for discharge of such water.

This Court by its order dated 15.10.2004 allowed impletion of the Tahasildar, Sadar, Cuttack, and certain private individuals as opposite parties and issued notice to the said parties. On going through the copy of the report of the Municipal Commissioner of the CMC submitted to the Registrar, Orissa Human Rights Commission, on the self-same grievance, which was produced by the learned counsel for the CMC for perusal of the Court, and considering the facts and circumstances of the case, this Court while requiring the Collector and the Tahasildar to produce the relevant records pertaining to the aforesaid tank directed maintenance of status quo in respect of the tank in question. That apart, the Cuttack Development Authority (CDA) was directed not to grant any permission for construction of house on the aforesaid plot without leave of the Court and to publish a notice to that effect in the newspapers. The authorities of the CMC and the CDA were also directed to take appropriate steps against the persons responsible for causing nuisance in the locality by initiating criminal proceedings in accordance with law. Direction was also given not to fill up the tank on the aforesaid plot by sand or otherwise either by opposite parties 3, 6 and 7 or any other person or agencies. The CMC was also directed to take effective steps and ensure that hygienic condition is maintained in the locality to prevent epidemic which was apprehended by the local residents.

During pendency of the writ application, the petitioner died and this being a public interest litigation, Shri P. R. Dash, a member of this Bar, was allowed to pursue the writ application.

2. When the aforesaid W.P. (C) No.8797/2004 was pending, on 8.4.2005 this Court considering the submission made at the Bar in the on-going public interest litigation relating to Cuttack City, i.e., O.J.C. No.6721/1999, that during last five years big tanks in the city, which were recorded as Jalasay