MANASA NURSING HOME AND LABORATORY v. TOWN MUNICIPAL COUNCIL, THIRTHAHALLI
1989-06-13
M.P.CHANDRAKANTARAJ
body1989
DigiLaw.ai
M. P. CHANDRAKANTHARAJ, J. ( 1 ) THIS matter has been heard at length. Petitioner is a registered firm which runs a nursing Home at Thirthahalli. It was served with a notice by the Municipality as at annexure-C directing the firm not to let the effluents from the Nursing Home to the drainage belonging to Municipality thereby causing nuisance and occasioning health hazard to the residents of Thirthahalli. The notice also required the petitioner-Nursing home to construct soak-pit or other convenient receptacle for its residents'effluents including sewages within its premises by any mode or method convenient to it. If the Nursing Home failed to carry out the suggestion, prosecution was threatened. Consequently prosecution was also launched as there was no compliance with the direction. Therefore, the present writ petition on the ground that the Municipality is bound to provide underground sewage and drainage andnd as such, this court must grant a mandamus to that effect, ( 2 ) PENDING disposal of the writ petition, prosecution had been stayed. ( 3 ) PROVIDING underground drainage and sewage to a town is not a matter which this Court exercising under Article 226 jurisdiction may embark upon. Several factors such as the cost, the income of the municipality the topographical conditions facilitating a sewage system and so many other factors are involved. It must be left to the wisdom of the Municipality or the municipal Council to decide upon those questions. Therefore, question of compelling the Municipality to provide underground sewage drain does not arise. ( 4 ) MR. Visweswara, learned counsel for the petitioner, fairly conceded that he is prepared to construct a soak pit or a septic tank at his expense within his premises. But the geological rock formation within the premises of Nursing Home does not permit a soak pit. That also this Court cannot examine. It is left to the Municipality and its Engineer. At this stage, the court made a suggestion to the petitioner, if he is prepared to bear costs of septic tank to be constructed within the premises of the Nursing Home, the Engineers of the municipality will locate the soak pit if it is feasible or otherwise provide other modes by which the sewage and other effluents can be let in to any cess pit meant for such purpose within the premises of the nursing Home by whatever name that cess-pit goes by.
Sri Visweswara also made a suggestion that the Municipality may explore the possibility of providing a soak pit on its own land close to the nursing Home in which event the Nursing home will bear the entire expenditure of providing the costs of underground drainage from the Nursing Home premises to the pit located in the Municipal land. It is open to the petitioner to put up a plan suggesting the same and it will be equally open to the Municipality to consider it. ( 5 ) IN this view of the matter, this court under Article 226, cannot issue a mandamus for providing underground drainage having regard in addition to enormity of expenditure involved, it is not obligatory function under Sec. 83 of the karnataka Municipalities Act. Therefore, no mandamus may issue under Article 226. ( 6 ) THE prosecution will be deferred by the Municipality till the proposals and counter-proposals put up by the petitioner- nursing Home or the Municipality are examined and one or the other adopted to eliminate the nuisance. Proposals and counter-proposals shall be made and the plan approved by the Municipality be executed within six months from today. Prosecution is deferred till the above is carried out. Subject to the above observations this petition is dismissed. Petition dismissed. --- *** --- .