Andhra Pradesh HC Dismisses Challenge Against Construction Of Public Toilets Opposite Residence, Asks Administration To Ensure Cleanliness

The High Court was considering a petition filed by a resident of a house which was situated on the corner plot of the land in question.

The Single Bench of Justice Gannamaneni Ramakrishna Prasad held, “Therefore, the burden lies on Lotus International as well as the Official Respondents to ensure that the toilets are maintained absolutely clean and shall also ensure that foul smell shall not emanate from the toilets that may cause inconvenience to the residents of the house belonging to the Writ Petitioner.”

Advocate K. Sakthi Niranjan Guptha represented the Appellant while Counsel S. Vijay Kumar represented the Respondent.

Factual Background

It was the case of the petitioner that the site on which the Petitioner had a residential house was a corner plot and thought the the gate of his house opens into the by-lane, on the main road side, there was an open site of land belonging to the Greater Visakhapatnam Municipal Corporation (second Respondent), adjoining the compound wall of the Petitioner’s house. The Respondent Corporation had proposed the construction of public toilets in the said site. The writ petitioner had raised objections to the construction of Public Toilets on the ground of apprehended loss of hygiene and utility.

Reasoning

Referring to the written instructions by the Zonal Commissioner, GVMC, the Bench noted that the open site where there was a proposal for the construction of toilets was adjacent to the local bus stop and opposite to the APSRTC Bus Station/Depot. The Bench was thus of the view that the construction of toilets for the purpose of public convenience was very much necessary.

“The extract would also indicate that the Plot of the Writ Petitioner is not a corner piece of land and that there is a piece of land belonging to Respondent No.2 of a width of about 8 feet along the site of the Writ Petitioner and further up. The Photos submitted by the Writ Petitioner and Respondent No.2 would also show very clearly that the land of the Writ Petitioner is not a corner plot. In fact, it can be seen from the photos that between the compound wall of the Writ Petitioner’s site and the subject land there is open space and a running drainage with cement walls and that the Writ Petitioner does not have any access to the main road”, it added.

The Bench was of the view that the Petitioner was not entitled to resist the proposed construction of toilets on the site belonging to GVMC.

“In any case, one apprehension expressed by the Writ Petitioner cannot be ignored, inasmuch as the construction of toilets in the proposed location may cause inconvenience to the residents in the vicinity in terms of hygiene by emitting foul smell if the toilets are not kept clean. The Written Instructions would also indicate that the maintenance of the toilets has been handed over to Lotus International, which is a Non-Governmental Organization (NGO). Sri Vijay Kumar states that the work has been entrusted to the said N.G.O under the Public-Private Partnership (PPP)”, it added.

The Bench was of the view that the burden was on Lotus International as well as the Official Respondents to ensure that the toilets were maintained absolutely clean. “In any case, it is always open to the Writ Petitioner to raise objections and agitate about the inconvenience that may be caused to the residents of the house belonging to the Writ Petitioner before the competent authority/Respondent No.2”, the Bench clarified while disposing of the Petition.

Cause Title: Kapuganti China Swamy Setty and Two Others v. The State of Andhra Pradesh (Neutral Citation: Writ Petition No.13064 of 2026)

Appearance

Appellant: Advocate K. Sakthi Niranjan Guptha

Respondent: Counsel S. Vijay Kumar, A.S.C. Bose, Assistant Government Pleader Mortha Srinu Babu

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