Court dismisses residents' objections, citing public health importance and sanitation needs.
In a significant ruling, the Andhra Pradesh High Court has upheld the construction of public toilets by the Greater Visakhapatnam Municipal Corporation (GVMC) near residential areas, emphasizing the importance of public health and sanitation. The judgment, delivered by Justice Gannamaneni Ramakrishna Prasad, came in response to a writ petition filed by residents of Pitapuram Colony, Visakhapatnam, who opposed the construction of public toilets near their homes.
The petitioners, led by Kapuganti Chinna Swamy Setty, contended that the construction was illegal, arbitrary, and violated principles of natural justice, as well as Articles 14 and 21 of the Indian Constitution. They expressed concerns over potential hygiene issues and the impact on their quality of life.
However, the court dismissed these objections, highlighting the constitutional right to a healthy and hygienic life as part of the right to life under Article 21. The court noted that public toilets contribute significantly to public health and well-being, provided they are properly maintained to prevent inconvenience to nearby residents.
The GVMC's initiative, conducted in collaboration with Lotus International under a Public-Private Partnership (PPP), aims to improve sanitation infrastructure across Visakhapatnam. The court emphasized that the responsibility for maintaining hygiene and preventing foul odors lies with Lotus International and the municipal authorities.
Justice Prasad pointed out that the petitioners' property was not directly impacted by the construction, as there was no direct access from their property to the main road. He further noted that the proposed construction site was adjacent to a busy bus stop, highlighting the necessity for public toilets in such high-traffic areas.
Drawing on a precedent set by the Supreme Court in the case of Rajeeb Kalita v. Union of India and Others, the court underscored the state's duty to provide adequate public sanitation facilities. The judgment reiterated that clean public toilets are essential for safeguarding public health and ensuring the dignity of all citizens, including women and transgender individuals.
The court did, however, acknowledge the petitioners' concerns regarding potential hygiene issues. It instructed the responsible authorities to ensure that the toilets are maintained in a clean and hygienic condition, with mechanisms in place for residents to raise complaints if necessary.
Concluding the judgment, the court disposed of the writ petition, reiterating the importance of public sanitation facilities and the need for their proper maintenance.
Bottom line:-
Construction of public toilets by municipal corporation near residential property is valid, provided proper maintenance is ensured to prevent inconvenience to the residents due to foul smell or unhygienic conditions.
Statutory provision(s): Article 21 of the Constitution of India, Andhra Pradesh Municipal Corporation Act, 1955
