Presence Of Public Urinal, Open Garbage Bin Next To Residence Violates Article 21: Delhi High Court

The Delhi High Court has held that presence of a public urinal and an open garbage bin right next to an individual's residence violates the right to live with dignity in a clean and healthy environment under Article 21 of the Constitution of India. Justice Amit Bansal underscored that one of the integral aspects of a healthy life is hygienic environment, absence of which will affect an individual's right to live with dignity.The Court was dealing with a plea filed by one Rachit Gupta, a lawyer by profession, seeking demolition of a “kudadaan” and urinal unauthorizedly constructed on the eastern walls of his property. It was his case that about 150 residents in his neighbourhood used to throw their garbage and waste and also used the urinal.He averred that he had 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. Granting relief to the advocate, the Court observed that the presence of open garbage bin as well as public urinal was undoubtedly a nuisance to the residents of the area including the lawyer, outside whose house the same was 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 residents of the aforesaid locality have been constrained to live in such a deplorable condition. The photographs filed with the petition clearly demonstrate the existing state of affairs,” the Court said. “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,” it held. Allowing the plea, the Court ordered for demolition of the open dustbin and the urinal next to the house of the lawyer within four weeks. Title: RACHIT GUPTA v. GOVERNMENT OF NCT OF DELHI AND ORSClick here to read order

Presence Of Public Urinal, Open Garbage Bin Next To Residence Violates Article 21: Delhi High Court

Nupur Thapliyal

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