The Delhi High Court has held that the existence of a public urinal and an open garbage bin adjacent to a residential property violates the fundamental right to live with dignity in a clean and healthy environment.
A bench of justice Amit Bansal, in a February 16 verdict released on Friday, observed that a hygienic environment is an essential component of a healthy life, and the absence of such conditions undermines the constitutional guarantee under Article 21.
“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 court said in the order.
The court further held that the presence of the facilities right next to the petitioner’s house clearly violated his right to life under Article 21 of the Constitution, which includes the right to live with dignity in a clean and healthy environment.
The order came on a petition filed by advocate Rachit Gupta, who sought directions to the Municipal Corporation of Delhi (MCD) to demolish what he described as an unauthorised open garbage bin and urinal constructed along the eastern wall of his property in Sita Ram Bazaar.
Gupta submitted that nearly 150 residents were dumping waste at the site and using the urinal, causing severe inconvenience and unsanitary conditions. Despite repeated representations to civic authorities, he alleged that no effective action was taken.
Counsel for MCD argued that regular inspection and cleaning were being undertaken. Rejecting the submission, the court directed the civic body to demolish the open garbage bin and urinal within one month, observing that their continued existence constituted a nuisance to residents.
