Somnath Samel And Anr. vs Municipal Corporation Of Greater ...
2001 Latest Caselaw 808 Bom

JUDGMENT

R.M. Lodha, J.

1. Heard.

2. By means of this writ petition filed under Article 226 of Constitution of India, the petitioners have approached this Court for issuance of writ of mandamus directing the respondents to take steps to improve the maintainance and upkeep of Mahatma Gandhi Memorial Olympic Swimming Pool at Shivaji Park, Dadar, Bombay and perfect hygienic and sanitary condition. It is also prayed by the petitioners that the respondents be directed to employ a full-time Manager and also undertake necessary repairs and renovations.

3. The petitioners claim to be interested in improving the standards and facilities at the Mahatma Gandhi Memorial Olympic Swimming Pool and appear to have approached this Court by way of Public Interest Litigation. The Mahatma Gandhi Memorial Olympic Swimming Pool (for short 'swimming pool') is said to have been commissioned in the year 1952 by Bombay Municipal Corporation. In the beginning, the standard of swimming pool was maintained and it provided good facilities of swimming to the users. The swimming pool had other allied facilities such as (1) Lockers (2) Change Rooms (3) Urinals & Toilets and (4) Canteen facilities and for providing these facilities to the users of swimming pool, the Corporation would charge the fees on casual basis and annual basis. The petitioners have alleged that the deterioration in maintainance upkeep of facilities of swimming pool started in the year 1982 and by the year 1991, it has reached complete pinnacle of disaster. The petitioners, who were the convenors of Action Committee constituted or meeting the standards and facilities at the swimming pool, made a representation to the Municipal Commissioner on 22-8-1991 bringing to his notice complete unhealthy atmosphere and climate which was causing prejudice to the health of users, total mismanagement of the swimming pool and bad conditions there. They continued to make representations to the concerned authorities from time to time and when nothing concrete was done, they were constrained to file this writ petition.

4. Pursuant to our order dated 11-9-2001, the respondents had filed a return through one Smt. Pallavi P. Thakur as Manager of the swimming pool. In the return, the details of the steps taken for renovation and repairs of the swimming pool have already been set out. It is submitted that as necessary steps have been taken by the respondents with regard to swimming pool, renovation, maintenance and upkeep, no further order needs to be passed by this Court.

5. From the material available before us, it is clear that swimming pool was commissioned by the corporation in the year 1952 as a prestigious project for providing swimming facilities of the Olympic Standard to the people of Bombay. The swimming pool admeasures 50 mtrs. x 20 mtrs. and 25 mtrs. on "1" shape. There are about 10200 members and the swimming pool is big enough where 300 people can swim at a time. It does appear that after some years of its commission, the maintainance and the upkeep of swimming pool deteriorated and deficiencies were brought to the notice of the concerned authorities of the corporation. The corporation has admitted that swimming pool was closed for renovation and repairs relating to civil works which commenced in the month of February, 1997 and completed in the month of March 1998. By way of renovation and repairs, the tiles in the swimming pool have been replaced, dressing rooms, change rooms, water closets, lockers, doors, etc. have either been replaced or repaired as were found to be necessary. Old filtration plant has also been replaced and according to the corporation now, the pool water is filtered and chlorinated every six hours. It appears that an expenditure of more than Rs. 75 lacs has been incurred on the said renovation and repairs. In the return, the corporation has also stated that in the month of April, 2001, some tiles in the pool which were found broken have been replaced and full-time Manager has been employed to ensure health, hygienic, sanitary condition in the swimming pool. The Pest Control Officers make regular visits for the purpose of spraying of insecticides. Most of the lockers are satisfactory. It is stated in the return that since 1998, there is a considerable improvement in the maintainance of the swimming pool and a complaint register is maintained and complaints recorded therein are attended to from time to time. It is further stated that rounds are taken every day to ensure hygienic conditions. It is averred that some members do not handle property of the pool with care which results in damage to the pool property but as soon as such damage is brought to its notice, it is repaired and restored within a reasonable time. As regards official accommodation meant for manager of the swimming pool, it is stated that it is occupied by Mr. G.R. Khairnar who, has prayed for sometime to vacate the same premises. The corporation in the counter, therefore, has stated that the grievances raised by the petitioners have been redressed.

6. We do not intend to over-emphasise that it is corporation's obligation to maintain swimming pool in absolute hygienic, clean and proper condition. It is a public place which is required to be maintained of a standard keeping in view public health, sanitary and hygiene. Commissioning of swimming pool of Olympic standard was a prestigious project for the people of the city and substantial money of tax payer was spent thereon and, therefore, is required to be maintained, looked after and managed accordingly. It does appear that after 1996, some steps have been taken by the corporation for renovation and repairs of the swimming pool but its proper maintainance and upkeep has to be a periodical feature and its hygienic conditions and health environments have to be ensured regularly. It does seem to us that it is desire of the corporation to maintain the swimming pool in proper condition and endeavour is to improve the facilities available there but that has to be done in all earnestness and keeping that in mind, we deem it fit and proper to issue some directions in exercise of jurisdiction under Article 226 so that corporation maintains the swimming pool in the best possible manner and prevents damage to it as far as possible.

7. We, accordingly, dispose of the writ petition by the following directions:

"(i) Respondent Nos. 1 and 2 shall appoint full-time manager for management, maintenance and upkeep of the said swimming pool within two months from today, if and appointed so far. We reiterate that the manager should be full-time manager and not part-time manager or someone holding the additional charge of the manager in addition to the other duties.

(ii) The manager is expected to be well-versed with the affairs of the swimming pool. Residential accommodation meant for such manager in the campus of swimming pool should be made available to such full-time Manager immediately and if the same is not vacant, it should be got vacated from the present occupant Mr. G.R. Khairnar without any further delay and in no case later than three months from today.

(iii) If the duties of the full-time manager of the swimming pool are not specified, we direct respondent No. 2, namely, Municipal Commissioner to specify the duties of such full-time manager keeping in view the requirements of such job while specifying the duties of full-time manager for swimming pool and the other facilities such manager should be made responsible for negligence, inaction or lapse that may affect the facilities available at the swimming pool. It would be the duty of the full-time manager to submit his report quarterly to the Municipal Commissioner about the conditions of the swimming pool and other facilities available there. The Municipal Commissioner is expected to make surprise visits to the swimming pool and if any deficiencies are found to take appropriate measures and corrective steps in proper maintenance of the swimming pool and its upkeep."