Private toilets maintained by petroleum retail outlets cannot be converted into public toilets
Kerala High Court Upholds Private Ownership of Toilets at Petroleum Retail Outlets . Local Authorities Restrained from Converting Private Toilets into Public Facilities; Guidelines for National Highway Outlets Clarified
In a recent judgment, the Kerala High Court has ruled in favor of the Petroleum Traders Welfare and Legal Service Society, maintaining that toilet facilities within petroleum retail outlets are private properties and cannot be converted into public toilets by local authorities without adhering to specific legal provisions. This decision reinforces the protection of private ownership rights under Article 300A of the Constitution of India.
The case, titled "Petroleum Traders Welfare And Legal Service Society v. State of Kerala," involved a dispute over the right of petroleum retail outlets to maintain their toilet facilities as private, against attempts by local authorities to transform them into public amenities. The court emphasized that while retail outlets along National Highways are obligated to provide round-the-clock public access to toilet facilities as per guidelines issued by the Ministry of Road Transport & Highways, this obligation does not extend to outlets located off the highways.
The Division Bench, comprising Mr. Justice Amit Rawal and Mr. Justice P. V. Balakrishnan, clarified that outlets on National Highways must display boards indicating the availability of toilet and drinking water facilities, ensuring access to the general public, customers, and transit travelers. However, for outlets not located on National Highways, the decision to allow general public access rests with the authorities of the retail outlets themselves.
Additionally, the court addressed the practice of fixing posters and QR codes on private toilet facilities for feedback purposes, aligning such actions with the Swachh Bharat Mission guidelines, provided they do not infringe upon ownership rights.
This judgment follows an interim order modification that required retail outlets on National Highways to permit public access to facilities, a directive that now stands clarified and partially modified to balance public convenience with private ownership rights.
The court's decision marks a significant clarification on the application of public access guidelines and the rights of private entities, providing a precedent for similar disputes across the country.
Statutory provision(s): Article 300A of the Constitution of India, Petroleum Act, Petroleum Rules 2002, Swachh Bharat Mission Guidelines
