V. V. S. RAO, J. ( 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. ( 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. 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. ( 4 ) LAKSHMINAGAR Welfare Society and Ravindra Nagar (South Wing) Welfare Forum filed WP No. 7946 of 1999 praying for a declaration that the State Government and Municipality and others arc under constitutional obligation to protect the environment and for a consequential direction to the respondents to immediately divert the sewerage lines without joining to tank Ramanthapur Pedda Cheruvu and also to direct the respondents to fix full tank level. The writ petition was filed on 13-4-1999 before issue of G. O. Ms. No. 345. The petitioners placed reliance on the provisions of Section 147 and 166 of the A. P. Municipalities Act, 1965 ( the Municipalities Act for brevity), as well as the decision of the Supreme Court in Ratlam Municipality v. Vardhichand, AIR 1980 SC 1622 , and Dr. Ajay Singh Rawat v. Union of India, JT 1995 (3) SC 39 = (1995) 3 SCC 266 , in support of their contention that the Municipality is bound to discharge its statutory duties including preventing sewage water flow into Peddachervuvu tank area. ( 5 ) WHEN the writ petition was listed before a Bench of this Court by order dated 4-5-1999 the Division Bench directed A. P. Pollution Control Board ( pcs for brevity) to file a report in the matter. Again another Division Bench of this Court on 31-8-2000 passed an order in WPMP No. 20550 of 2000 in WPN 7946 of 1999 directing the officials to conduct joint inspection and take necessary steps to drain out the stagnated water from the localities of Laxminagar and Ravindranagar (South ). Yet again, on 8-9-2000 the said order was modified directing the Municipal Commissioner to bale out water from Ramanthapur Peddacheruvu by deploying pump sets so as to deplete water stagnated in residential areas of petitioner-associations. When the matter of was listed on 29-9-2000, in obedience to the order dated 8-9-2000, it was submitted to the Division bench that the Uppal Kalan Municipality purchased four 10 HP pump sets and other accessories for that purpose of baling out water and has baled out water substantially. When the matter of was listed on 29-9-2000, in obedience to the order dated 8-9-2000, it was submitted to the Division bench that the Uppal Kalan Municipality purchased four 10 HP pump sets and other accessories for that purpose of baling out water and has baled out water substantially. It was also submitted that some of the residents constructing buildings on sikham (tank bed) land and therefore they may be directed to bear the electricity charges. However, this Court directed the District Collector, the third respondent to consider the question of allotment of funds to the Municipality or Panchayat Raj Department for the purpose of removing stagnated water either from out of the existing funds available for flood works or by addressing the Government. ( 6 ) AT that stage, the matter was listed before this Bench on 3-8-2001 when we directed the authorities to file status report within one week. We also impleaded seventh respondent as party to these proceedings in accordance with Rule 16 (a) of the Writ Proceeding Rules, 1977 and called for affidavits. ( 7 ) AT this stage, by way of belated attempt St. Joseph s Educational Society represented by its Secretary Sri U. Gregory Reddy filed the other writ petition, being WP No. 12210 of 2001 praying the similar relief. Sri Gregory Reddy, who was nowhere in the picture when WP No. 7946 of 1999 was filed, in his affidavit states that they are running educational institutions since 1999 catering to the educational needs of Habsiguda and Ramanthapur areas. Due to failure of the respondents in protecting the tank by undertaking distilling operations periodically Peddacheruvu tank has become defun and has become dumping ground for industrial and municipal garbage and wastage and building debris. The death of the tank got reduced and whenever there is a flood the flood waters are extending to non-sumbergible areas as well. The sewage water from Street No. 8 would flow into the tank through an open channel. Though the high Court issued various directions in WP No. 7946 of 1999 various schemes could not be implemented as sufficient funds are not provided for. Though the Government accorded administrative sanction in G. O. Ms. No. 345 dated 7-7-1999 for undertaking a sewerage system work in the area which after implementation would solve the problem no progress is made. Though the high Court issued various directions in WP No. 7946 of 1999 various schemes could not be implemented as sufficient funds are not provided for. Though the Government accorded administrative sanction in G. O. Ms. No. 345 dated 7-7-1999 for undertaking a sewerage system work in the area which after implementation would solve the problem no progress is made. The work was taken up only in the first quarter of 2001 and it is likely to take considerable time. Therefore, the said society sought the Court s intervention. ( 8 ) BEFORE we consider the controversy raised in this case, we must notice the objection of the seventh respondent (The Hyderabad Metropolitan Water Supply and Sewerage Board) in relation to the writ petition filed by St. Joseph s Educational Society. It is stated that the said society constructed a building in the upstream of Ramanthapur tank area along with about 110 houses within and near Paddacheruvu area. The lie of the land where construction has been made by the said society slopes towards Peddacheruvu tank. If the 110 houses of the St. Joseph s Educational Society are to be provided with sewerage system, the same needs to be collected and taken across the Warangal Road to down stream area. The said area where the petitioner-society has constructed the school building and houses is not covered by the scheme providing sewerage system sanctioned by the Government in G. O. Ms. No. 345, Municipal Administration dated 7-7-1999. The Uppal Kalan Municipality has to mobilize funds to take the sewage from these houses owned by St. Joseph s Society i. e. , Ramanthapur main sewer duly laying connecting sewers in and around Ramanthapur Tank. In the counter-affidavit of 7th respondent in WP No. 12210 of 2001 at paragraph 20 it is stated as under: i have filed the sewerage master plan for Uppal Kalan Municipality with the proposed STD at Nallachemvu (Material Paper No. 37 ). The areas i. e. , trunk, mains, laterals, sewers under execution as per the G. O. Ms. No. 345, MA, MA and UD Deptt. , dated 7-7-1999 (Material Paper No. 7) is shown in Green Lines. The trunks and connecting sewers need to be taken up for commanding the sewage from the building of St. Joseph Educational Society (Petitioner) along with other 110 houses in and around Ramanthapur, Peddacheruvu in Pink Colour. No. 345, MA, MA and UD Deptt. , dated 7-7-1999 (Material Paper No. 7) is shown in Green Lines. The trunks and connecting sewers need to be taken up for commanding the sewage from the building of St. Joseph Educational Society (Petitioner) along with other 110 houses in and around Ramanthapur, Peddacheruvu in Pink Colour. For the said purpose I have already mentioned in the above paragraphs, the steps which were already taken by the respondent No. 8 and in progress vide Material Paper Nos. 26, 27, 28, 30,31, 33 and 34. ( 9 ) RESPONDENTS 3 to 6 have also filed their counter-affidavits. ( 10 ) ST. Joesph s Society has not filed any reply affidavit and therefore the contention of the seventh respondent stands admitted. It it well settled that the averments made in the affidavit which are not controverted should be presumed to be admitted (See C. S. Raoji v. State ofa. P. , AIR 1964 SC 962 , Naseem Bhanu v. State of U. P. , 1993 Supp (4) SCC 46 ). ( 11 ) TWO questions require to be considered. Whether there is any statutory duty casts on Uppal Kalan Municipality to bring environmental friendly sewerage and drainage system and any duty is cast on the Municipality and the State to protect surface water sources and water bodies like Peddacheruvu keeping in view the environment and ecology of the area? The second question is whether any owner of a house in the Municipality has right to let out untreated or treated sewage effluent into open drain or open land. ( 12 ) IT is axiomatic that the Municipality is constituted under A. P. Municipalities Act, 1965 ( the Municipalities Act for brevity), escpacially after coming into force Constitution (Seventh -Fourth Amendment) Act, 1992 to safeguard the health of the citizens in the town. It is also axiomatic that having regard to Articles 48a and 51a (g) of the Constitution, it shall be the duty of the State and local authorities to endeavour to protect and improve the environment and safeguard the forests and wild life of the country. The importance of water bodies like Peddacheruvu need not be emphasised. It is also axiomatic that having regard to Articles 48a and 51a (g) of the Constitution, it shall be the duty of the State and local authorities to endeavour to protect and improve the environment and safeguard the forests and wild life of the country. The importance of water bodies like Peddacheruvu need not be emphasised. The importance of such water bodies and the rights and duties of citizens and Municipalities have come up for consideration in unreportedjudgment in WP No. 16619 of 2000 and WP No. 13313 of 2001 in kavali Municipality case. This Bench has considered these aspects by referring to common law principles, constitutional law principles as well as principles adumbrated in A. P. Municipalities Act. After referring to judgments in MC Metha v. Kamal Nath, (1997) 1 SCC 338, Ajay Constructions v. Kakateeya Nagar Cooperative housing Society, AIR 1991 A. P. 294, Shri Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109 , Bombay Environmental Action Group v. State of Maharashtra, AIR 1991 Bombay 301, Dahanu Taluka Environment Protection Group v. BSES, (199!) 2 SCC 539, Vincent v. Union of India, AIR 1987 SC 990 , Dr. Shivarao Shantaram Wagle v. Union of India, AIR 1988 SC 952 , MC Mehta v. Union of India, (1996) 8 SCC 462, MC Metha v. Union of India, (1997) 2 SCC 353 , Public v. State of West Bengal, AIR 1993 Cal 215 , Dr. Ajay Singh Rawat (supra), Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647 , and Ratlam Municipality (supra) as well as provisions of Easements Act, this Bench held that exercise of power of judicial review though the Courts cannot examine the decisions of authorities as appellate authority. Nonetheless, having regard to the provisions of Articles 48-A and 51-A (g) of the Constitution of India, the Court have to review all actions and inactions of the State and Municipal authorities in reatlion to civic amenities and environment pollution, it was also held: the rights in relation to drainage water are different the rights vis-a-vis storage water in river or sea or surface water resources like tank. There is no common law right to discharge sewage water into any surface water resources or sea. (See Foster v. Urban District Council of Warblington, (1906) 1 KB 668. There is no common law right to discharge sewage water into any surface water resources or sea. (See Foster v. Urban District Council of Warblington, (1906) 1 KB 668. Similarly there is no prescriptive right to make public nuisance, which cause prejudice to the people. (See Venkatappa v. Louis, AIR 1986 A. P. 239. In Venkatappa s case (supra) this Court has held that any prior existence of nuisance does not relieve the offender from a charge of public nuisance. The pollution arising from sewage water into a surface water resources is species of pollution especially in connection with Municipal Administration. ( 13 ) IT is not necessary again to refer to all authorities discussed in Kavali Municipality case. But we may refer to two recent Division Bench judgments of this Court in T. Ramakrishna Rao v. Chairman HUDA Hyderabad, 2001 (4) ALD 758 , (DB) ( durgam Cherirvu case) and Forum for a Better Hyderabad v. Government of A. P. , 2001 (4) ALD 776 , (Hussainsagar case ). In Durgam Cheruvu case the Division Bench observed as under. Fresh lakes and other water bodies cannot be allowed to be polluted. Essence of ecology has undergone as sea change. With the population exposition, the carninoma of planless urbanism, the now deposits of sewage and garbage, surely no creature other than man has ever managed to foul its nest in such short order. ( 14 ) THE Court also observed that in case of this nature the Courts should guided by Article 21, 48a, 51a (g) as well as the provisions of Water (Prevention and Control of Pollution) Act, 1974 as well as Air (Prevention and Control of Pollution ) Act, 1981. As noticed earlier, the first writ petition was filed before issuance of G. O. Ms. No. 345. Now that the Government has also stepped in and permitted the seventh respondent to take up sewerage system in habsiguda area especially in the colonies mentioned above. Hence, it is not necessary to give any unwarranted directions as prayed for. Suffice it to refer to our judgment dated 18-6-2001 in WP Nos. 16845 of 1991, 683 of 1992 and 905 of 1997 wherein this Bench directed that the authorities should take up and complete the work in right earnest and till such time Uppal Kalan Municipality was directed not to grant permission for multistoricd building or group housing. Suffice it to refer to our judgment dated 18-6-2001 in WP Nos. 16845 of 1991, 683 of 1992 and 905 of 1997 wherein this Bench directed that the authorities should take up and complete the work in right earnest and till such time Uppal Kalan Municipality was directed not to grant permission for multistoricd building or group housing. In our considered opinion, similar directions and observations are required to be reiterated in these matters. ( 15 ) INSOFAR as the WP No. 12210 of 2001 is concerned admittedly the petitioner s houses numbering 110 and other constructions arc in lie of the land that slopes towards Ramanthapur lank. It is ununderstandable as to how the Municipality granted permission within the vicinity of a waterbody like Ramanthapur tank without proper safeguards for letting out and disposal of sewage, sullage and drainage. Fortunately or unfortunately Pedda Cheruvu tank though allegedly it is a private tank lost its pristine form and has become dumping ground for everybody including Municipality. The same by itself does not diminish the environmental value of a water body to the society at large. Therefore, necessary steps shall have to be taken and under no circumstances local authority or the citizens who have constructed houses and other structures within the area where lie of the land slopes towards Ramanthapur tank should be allowed to let out sullage or sewage into Ramanthapur tank either directly or indirectly. Section 148 of the Municipalities Act obligates that for discharge of drainage from private premises by connecting house-drains with municipal drains, payment shall be made to the Municipality. Under various provisions contained in Chapter V of the Municipalities Act the Municipality should take necessary steps for abatement of nuisance. Indeed, that was the binding dicta of the Supreme Court in Rutlam Municipality case. This Bench has already considered these aspects in Kavali Municipality case. ( 16 ) IN the result, we dispose of the writ petitions directing the State Government to consider allocation and release of necessary funds to enable the seventh respondent to complete the works as per G. O. Ms. No. 345 dated 7-7-1999. All the respondents shall take all necessary steps including fixing of full tank level, repairing and maintaining the weir clearing up of tank etc. , and take necessary action for protecting Ramanthapur Pedda Cheruvu. No. 345 dated 7-7-1999. All the respondents shall take all necessary steps including fixing of full tank level, repairing and maintaining the weir clearing up of tank etc. , and take necessary action for protecting Ramanthapur Pedda Cheruvu. We also record that the seventh respondent has completed substantial work in slices 1 and 2 and they have yet to take up for in slice 3. Pending such completion of work, Uppal Kalan Municipality shall take necessary action against all those private citizens including the petitioners in these writ petitions or their members and/or all Government Departments who let out directly or indirectly sullage, sewage into Pedda Cheruvu of Ramanthapur including filing of criminal cases under the provisions of the Municipalities Act as well as other laws. There shall be no order as to costs.