Justice Amit Bansal, Delhi High Court
Presence Of Public Urinal & Open Garbage Bin Next To Somebody’s House Violates Right To Life: Delhi High Court
|The Delhi High Court was considering a petition filed by an Advocate seeking an order directing the Respondent MCD to demolish the unauthorised Kudadaan and urinal constructed next to his house.
While directing the MCD to demolish an open dustbin and an urinal next to an Advocate’s house, the Delhi High Court has held that the presence of a public urinal and an open garbage bin right next to the house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes right to live with dignity in a clean and healthy environment.
The High Court was considering a petition filed by an Advocate seeking an order directing the Respondent MCD to demolish the unauthorised Kudadaan and urinal constructed on the eastern walls, Lal Darwaza Bazar, Sita Ram Bazar, Delhi.
Referring to the judgments in State of M.P. v. Kedia Leather & Liquor Ltd. (2003) and Chameli Singh v. State of U.P. (1996), the Single Bench of Justice Amit Bansal stated, “One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity. The presence of a public urinal and an open garbage bin right next to the petitioner’s house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes right to live with dignity in a clean and healthy environment.”
Factual Background
The petitioner, an Advocate, brought it to the Court’s notice that he resides at House No.3148, Lal Darwaza Bazar, Sita Ram Bazar, Delhi-110006, and he was aggrieved by the fact that the respondents have constructed an unauthorised open garbage bin and urinal on the eastern walls of his property. It was claimed by the petitioner that about 150 residents in the neighbourhood of the petitioner throw their garbage as well as waste in it, and also use the urinal. Photographs of the same were filed along with the writ petition.
It was the petitioner’s case that he made several requests before the officials of the respondent authorities to maintain sanitary conditions in and around the open garbage bin and the public urinal, but no action was taken in this regard.
Reasoning
The Bench, at the outset, stated, “In my considered view, the presence of open garbage bin as well as public urinal is undoubtedly a nuisance to the residents of the area including the petitioner, outside whose house the same is located. This Court empathises with the petitioner as well as other residents inasmuch as presence of a public urinal as well as an open garbage bin would result in stench in the surrounding areas.”
The Bench noted that the residents of the aforesaid locality have been constrained to live in such a deplorable condition. The photographs filed with the petition demonstrated the existing state of affairs.
The Bench thus ordered, “In view thereof, a direction is issued to the respondent no.2/MCD to forthwith demolish the open dustbin and the urinal next to the house of the petitioner at House No.3148, Lal Darwaza Bazar, Sita Ram Bazar, Delhi110006 within 4 weeks.”
The Bench also asked the MCD to arrange a proper covered dustbin for dry and wet waste to be kept at a distance from the petitioner’s property.
Cause Title: Rachit Gupta v. Government of Nct of Delhi (Neutral Citation: 2026:DHC:1483)
Appearance
Respondent: Advocates Rachit Garg, Vaibhav Singh