Presence of Public Urinal and Open Garbage Bin Violates Article 21, Court Directs Immediate Demolition and Proper Waste Management
In a significant ruling, the Delhi High Court has reinforced the right to live with dignity, as enshrined under Article 21 of the Indian Constitution, by ordering the immediate demolition of an unauthorized public urinal and open garbage bin in a residential area. The judgment was delivered on February 16, 2026, by Justice Amit Bansal in the case of Rachit Gupta v. Government of NCT Of Delhi.
The petitioner, Rachit Gupta, an advocate residing at House No. 3148, Lal Darwaza Bazar, Sita Ram Bazar, Delhi, challenged the construction of the unauthorized structures by the municipal authorities, arguing that they caused a severe stench and nuisance, thereby infringing on the residents' right to a healthy and dignified living environment.
The court acknowledged the grievances of the petitioner, supported by photographic evidence depicting the deplorable conditions due to the proximity of the public urinal and open garbage bin. Justice Bansal observed that the right to life under Article 21 includes the right to live in a clean and healthy environment, and the current situation was a clear violation of this constitutional right.
The court referred to the precedents set in Chameli Singh v. State of U.P. and State of M.P. v. Kedia Leather & Liquor Ltd., which emphasized the necessity of a hygienic environment as an integral aspect of a healthy life. The judgment highlighted that the presence of such structures in a residential area constituted a nuisance and was inconsistent with the residents' rights.
In light of these observations, the court directed the Municipal Corporation of Delhi (MCD) to demolish the unauthorized structures within four weeks. Additionally, the MCD was instructed to provide proper covered dustbins for dry and wet waste management at a reasonable distance from the petitioner’s residence to ensure a clean and dignified living environment for all residents in the vicinity.
The court's decision not only addresses the immediate concerns of the petitioner but also sets a precedent for upholding environmental hygiene as a fundamental aspect of the right to life, ensuring that urban planning respects the dignity and health of its citizens.
Bottom Line:
Right to life under Article 21 of the Constitution includes the right to live with dignity in a clean and healthy environment. The presence of a public urinal and an open garbage bin causing stench and nuisance violates this right.
Statutory provision(s): Article 21 of the Constitution of India
Rachit Gupta v. Government of NCT Of Delhi, (Delhi) : Law Finder Doc id # 2856583
