Group Captain D.M. Oka (Retd.) And ... vs Municipal Corporation Of City Of ...
2001 Latest Caselaw 865 Bom

JUDGMENT

R.M. Lodha, J.

1. Heard Dr. Avinash Shivade, learned Counsel for petitioners and Mr. R.G. Ketkar, learned Counsel for respondent Nos. 1 to 4.

2. This writ petition filed by the petitioners is in the nature of public interest litigation. The petitioners had to approach this Court as they found that the first respondent who is local authority so far as City of Pune is concerned has failed to discharge its duties statutorily, provided under Bombay Provincial Municipal Corporation Act, 1949. The grievance of the petitioners in particular is with regard to the inaction on the part of the first respondent and its officers regarding maintenance of cleanliness and hygienic conditions in the public streets and places in the city of Pune. According to petitioners, the first respondent has failed to make adequate arrangements in respect of watering, scavenging and cleaning of public streets and places in the city of Pune, and they have also not provided sufficient number of receptacles at convenient places in each ward for disposal of refuse, rubbish and excrementitious and polluted matter amongst other things. The petitioners have stated that there is no daily garbage and rubble clearance in all wards nor insecticides/fungicide and other necessary sprays are carried out periodically. The writ petition was filed in the year 1989 and despite service on respondents, for about decade no return was filed. The matter came up before us on 5th October, 2001 and when we found that no affidavit in reply/return has been filed by respondent No. 1, we directed the Commissioner of respondent No. 1-Pune Municipal Corporation to file his own affidavit and set out in details the information about the following aspects:-

i) The provisions made by respondent No. 1 in respect of atering, scavenging and cleaning of public streets and places in the city of Pune generally.

ii) Whether there is daily surface cleansing of all streets in city of Pune and removal of sweeping therefrom and, if yes, details thereof.

iii) How many proper and convenient situations have been provided in the city of Pune for public receptacles, depots and places for the temporary deposit or final disposal of---

(a) dust, ashes, refuse and rubbish;

(b) trade refuse;

(c) carcasses of dead animals;

(d) excrementitious and polluted matter.

iv) The details of garbage and rubble clearance collected every day and, if any contract has been Awarded, the details thereof.

v) Whether any scientific study has been carried out by Corporation regarding garbage removal system and costing by expert committee and, if yes, details thereof.

vi) The details of vehicles employed for removal of garbage and rubble every day and their capacity.

vii) The details about the disposal of garbage so collected.

viii) Whether insecticides/fungicides and other necessary sprays are carried out periodically for prevention and/or killing of pathogenic bacteria after garbage is fully cleared and whether record in respect thereof is maintained.

xi) Other necessary information relevant for disposal of writ petition.

3. Pursuant thereto Mr. Thomas C. Benjamin, Municipal Commissioner of first respondent has filed his affidavit on 24th October, 2001. In the reply affidavit, the Municipal Commissioner has stated that scavenging and cleansing of public streets and places such as sanitary blocks, public urinals, bath rooms and areas of open squatting are clearnsed daily and insecticides are spread after the cleaning operation is over and that the daily surface cleansing of all streets in city of Pune is undertaken and removal of sweeping therefrom is deposited in the common garbage bins. In response to the query as to how many proper and convenient situations have been provided in the city of Pune for public receptacles, depots and places for the temporary deposit or final disposal, the Municipal Commissioner has stated that 300 containers each having capacity of 3.2 cubic meters; 470 compactor buckets, 2432 litter bins; 450 concrete bins and 1000 wheel barrows, have been provided for collecting sweeping rubbish, refuse, garbage dust etc. It is further stated by him that as a long time measure, the respondent No. 1 has undertaken project of carcesses utilisation plant which will be completed by December, 2002. The deponent has deposed in his affidavit that in December, 1996 a committee comprising of National Society for Clean Cities N.G.Os., officials of the corporation held a meeting for deciding location of collection points and for healthy and clean city, the committee started holding meetings every month after 1997 and that simultaneously zonal committees were formed in each Ward Office which are now functioning regularly on daily basis and the said committee supervises the working of all the sanitation, receives complaints and ensures that the complaints regarding sanitation, collection of garbage etc. are taken care of. As regards treatment of bio-degredable waste, it is stated that agreement has been entered into with I.V.R. Construction Company Limited on built, own and operational basis and in pursuance thereof, the said company is in process of setting up plant which would be functional by June, 2002. As far as medical toxic waste is concerned, he has stated that the Corporation has set up three incinerators where bio-medical waste is disposed of. The Municipal Commissioner has further given in the affidavit the details of vehicles employed for removal of garbage and rubble every day. He has stated that the garbage is collected and disposed of at Gatbage Depot, Devachi urali which is of 42 acres. As regards insecticides and fungicides, he stated that these are sprayed at Garbage Depot daily and records are maintained by the Corporation to ensure that these activities are carried out periodically. He has also stated that the Corporation to ensure that these activities are carried out periodically. He has also stated that the Corporation has undertaken drive to propagate segregation of garbage at source viz. dry and wet and according to him, nearly about one lac people in city of Pune are disposing of wet garbage through vermiculture. The Corporation has also been co-ordinating with Rag Pickers Association and with their help collecting dry waste and recycling. The Corporation has also appointed nuisance detection squad headed by an officer on special duty who is of the rank of class-1 officer and under him there are retired police and army personnels. These personnels go to the respective Ward Offices and alongwith Corporation health staff, locate the people who are responsible for nuisance and fine the persons creating nuisance on the spot. It is stated that in about 18 months period the said squad has levied fine to the tune of Rs. 1 crore from 75000 people. It is further stated by the Municipal Commissioner in his affidavit that wet garbage transfer station has been installed about a year back by incurring expenditure of Rs. 2 crores as a result of which the Corporation is saving Rs. 1,08,00,000/- on transportation. The plastic carry bags in the Pune city below 20 micron have been banned. The Corporation has also constructed 292 blocks comprising of 5250 toilets on pay and use basis at different locations. In nutshell, the Municipal Commissioner on the basis of the information supplied by him in the affidavit has sought to submit that all steps necessary and requisite for maintenance of cleanliness and hygienic condition in the city of Pune have been taken.

4. We are broadly satisfied with the information supplied by the Municipal Commissioner in his affidavit and on the basis thereof it appears to us that respondent No. 1 is alive to its statutory obligation to ensure that cleanliness and hygienic conditions are maintained in the city of Pune and that the Corporation has to ensure that there is proper scavenging and cleansing of public streets and places in the city of Pune and also surface cleansing of all streets in city of Pune are done daily. It is clear from the affidavit of Municipal Commissioner that scavenging and cleansing of public places such as sanitary blocks, public urinals, bath room and areas of open squatting are done daily and insecticides are sprayed after the cleaning operation is over. Though the Municipal Commissioner in response to query in Clause (iii) has given the details of receptacles including containers, compactor buckets, litter bins, concrete bins and wheel barrows made available in the entire city of Pune, yet we find that necessary details of such receptacles for temporary deposit of final disposal of refuse and rubbish etc. have not been given for each ward. What is required of the respondent No. 1 is to ensure that each ward is treated as unit and provided with adequate number of receptacles at the convenient situation in each ward for temporary deposit of final disposal of refuse, rubbish etc. In our view, accordingly, the Municipal Commissioner should take necessary steps in that regard and make proper arrangements for each ward by providing them adequate number of receptacles for temporary deposit of final disposal of refuse, rubbish etc. It appears from the affidavit of Municipal Commissioner that since 1997 the committee comprising of National Society for Clean Cities, N.G.Os., officials of Corporation alongwith the Commissioner had been holding meetings for the purpose and that simultaneously, the zonal committees formed in each Ward Offices in the year 1997 are functioning regularly on daily basis but what we feel is that such committees must be broad-based having adequate representation of social workers, professionals, N.G.O., etc., who have concern for the city and intend to involve themselves for the betterment of the city. Accordingly, the respondent No. 1 is expected to reconstitute a committee for redressal of pubic grievances and for cleanliness of city of Pune at the apex level and also ward committees at each ward level. The first respondent being a local authority having its statutory obligations under the Bombay Provincial Municipal Corporation Act, 1949 is required to be transparent in its affairs and accordingly, it should not hesitate in providing requisite information to the people about the steps taken for maintaining cleanliness, sanitation and hygienic conditions in the city of Pune. There has to be sustained efforts by all concerned i.e., Corporation as well as residents in maintaining cleanliness, sanitation and hygienic conditions in the city of Pune.

5. In view of the discussion aforestated, we dispose of the writ petition by following directions:---

i) The first respondent is directed to provide at proper and convenient locations in each ward adequate number of receptacles for the temporary deposit or final disposal of dust, ashes, refuse, rubbish etc. by treating each ward as unit, if not provided so far in each ward.

ii) The first respondent-Corporation is directed to constitute the Grievance Redressal Committee at the Apex level comprising of social workers, professionals, N.G.Os. etc. and the Senior Officers of the Corporation for overseeing the maintenance of cleanliness, hygienic, sanitation and disease free conditions in the city of Pune, and to suggest improvements in the existing provisions and facilities and also for considering the grievances of the public. Such committee must hold meeting at least once in two months.

iii) The first respondent is also directed to constitute the Zonal Redressal Committees for each ward which should be broad based having wider representation of all sections of the society to monitor the functioning of each ward about sanitation, collection of garbage, sweeping etc. Such committees should hold meeting at least once in a month.

iv) The first respondent, subject to its available resources and feasibility is directed to implement and act upon suggestions of Apex Grievance Redressal Committee as well as such zonal committee.

v) The first respondent is directed to provide requisite information demanded by any resident of Pune city in respect of garbage collection, sanitation conditions, details of employees for sweeping and such like things subject to payments of nominal charges.

Rule is disposed of in the aforesaid terms.

No costs.

The parties may be provided ordinary copy of this order duly authenticated by Court Sheristedar on payment of usual copying charges.