New Delhi: The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to demolish an open garbage bin and a public urinal constructed adjacent to a residential property in old Delhi, holding that their presence violated the resident’s right to live with dignity in a clean and healthy environment under Article 21 of the Constitution.
Disposing of a writ petition filed by an advocate, who appeared in person, a single-judge bench of Justice Amit Bansal observed that the existence of an open dustbin and public urinal next to a residential house constituted a clear nuisance and compelled residents to live in unhygienic conditions.
In its order, the Delhi High Court ordered the civic body to “forthwith demolish the open dustbin and the urinal next to the house of the petitioner” within four weeks.
The petitioner had alleged that the respondents-authorities constructed an unauthorised open garbage bin and urinal along the eastern wall of his property, where around 150 residents from the neighbourhood dump garbage and use the urinal, causing severe inconvenience and unsanitary conditions.
The plea claimed that despite several representations to civic authorities seeking maintenance of sanitary conditions and relocation of the facilities, no effective action had been taken.
In its status report filed before the Delhi High Court, the MCD stated that regular inspection and cleaning of the urinal were being carried out. It also informed that a joint inspection had been conducted pursuant to an earlier order, but the alternative site suggested by the petitioner was found infeasible.
In response, the petitioner contended that the locality is primarily residential and residents are expected to have toilets within their homes, negating the need for a public urinal. He further argued that under the Solid Waste Management Rules, the MCD is required to collect garbage directly from households rather than through open dumping points.
After hearing the parties, Justice Bansal observed: “In my considered view, the presence of an open garbage bin as well as a public urinal is undoubtedly a nuisance to the residents of the area, including the petitioner, outside whose house the same is located.”
“One of the integral aspects of a healthy life is a hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity,” the Delhi High Court observed.
It added that the presence of the public urinal and open garbage bin “clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes the right to live with dignity in a clean and healthy environment”.
Ordering the MCD to demolish the open dustbin and urinal situated next to the petitioner’s house within four weeks, the Delhi High Court further directed the civic body to provide a covered dustbin for segregation of dry and wet waste at an appropriate distance from the petitioner’s property.
(IANS)
