LAKSHMINAGAR WELFARE SOCIETY Vs. STATE OF A P

JUDGEMENT

(1.) These two writ petitions can be disposed of by a common order. Indeed, this Bench has disposed of a batch of similar writ petitions by order dated 18-6-2001. Therefore, it is not necessary to consider various contentions in detail. Be that as it may, at the out set, it is necessary to notice conspectus of the facts as culled out from elaborate pleadings brought on record. The parties are referred to by their status in WP No.7946 of 1999.

(2.) The subject-matter of the writ petitions is provision of sewerage system in Uppal Kalan Municipality which although jurisdictionally is under the control of a statutory local authority, is part of Hyderabad Metropolis. There was no underground sewerage system in the municipal area which earlier which was cluster of villages. The Government of Andhra Pradesh vide their orders in G.O. Ms. No. 140 Municipal Administration dated 18-3-1996 permitted the 7th respondent Board to take water supply expansion and improvement in nine Municipalities which are situated in periphery of Hyderabad Municipal Corporation Limits. As there is no regular sewerage system in Uppal Kalan Municipality, the said Municipality was allegedly granting permission to connect private sewerage lines to Ramantapur Pedda Cheruvu. So as to avoid adverse effects to the people as well as environment underground sewerage system was mooted. In response to a letter of the Commissioner of the Municipality, the Federation of Habsiguda Resident Welfare Association by letter dated 9-10-1998 undertook to contribute to an extent of rupees 2-00 crores for construction of sewerage system. The federation of residents also requested the Municipality to take up the work on main lines immediately. Thereupon, a letter was addressed to the Government by the Commissioner informing that there are 3,500 houses covering over 24 housing colonies/societies and that the residents of Habsiguda area are having long felt need for proper underground drainage system to solve the twin problems of environmental and ground water pollution.

(3.) After examining the scheme and taking into consideration the contribution from the beneficiaries (rupees two crores) the Government accorded administrative sanction to seventh respondent in G.O. Ms. No.345 Municipal Administration dated 7-7-1999. As per the scheme four cores is to be allocated from Janma Bhoomi Programme of Government of A.P., another four crores from Magacity project and the balance of rupees two crores would be by way of contribution from the beneficiaries. As per the said G.O., the scheme of providing sewerage system in Habisguda covers Kakatiyanagar, New Found Lands, Part of Street No.8, Habsiguda, Habsiguda Village Saichitra Nagar, Maheswari Nagar, Ravindranagar (South), Laxtminagar, either side of Stree No.8, Snehanagar, Gayatrinagar, Bapunagar, Professors' Colony mainly consists of main sewers from these colonies leading to Nallacheruvu via Ramanthapur Road. Further, the scheme is divided into three slices as under: Slice No.1: Manufacturing, Supplying, laying, jointing, testing, and commissioning of Sewer System comprising of local and lateral Sewers of 200 mm/250 mm diameter SWG pipes in Kakatiya Nagar, Ravindra Nagar, Part of areas by the side of Street No.8, Hyderguda etc., in Uppal Kalad Municipality including main sewers of 300 mm/400 mm diameter of RCC NP 4 class pipes through Osmania University Campus at an estimate cost of Rs.300-00 lakhs. Slice No: Manufacturing, supplying, laying, jointing, testing and commissioning of sewer system comprising of main sewers from General Post Office in Ramanthapur main road along Street No.8, from Professors' Colony in Ravindra Nagar (South) inside the compound wall of Osmania University Campus of 300 mm, 400 mm, and 450 mm diameter RCC NP4 Class pipes and laying local and lateral sewers of sizes 200 mm dia, and 250 mm dia SWG pipes covering a part of Saichitra Nagar, Maheswari Nagar, Ravindra Nagar (South), Laxminagar, areas either side of Street No.8, Anchangar, Gayatri Nagar, Bapu Nagar, Professors' Colony etc., in Uppal Kalan Municipality at an estimated cost of Rs.300-00 lakhs. Slice No.3. Manufacturing, supplying, laying, jointing, testing and commissioning of part of Ramanthapur main of sizes 600 mm and 800mm dia RCC NP 4 class pipes from the crossing of Street No.8 along Ramanthapur road leading to Nallacheruvu in Uppal Kalan Municipality at an estimated cost of Rs.400-00 lakhs.