The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to remove an open garbage bin and public urinal constructed next to a residential property in Sita Ram Bazar, holding that their presence violated the homeowner’s right to live with dignity. The ruling reinforces that civic mismanagement affecting hygiene can amount to a breach of fundamental rights.
The petitioner, an advocate appearing in person, told the Court that nearly 150 residents were using the open dustbin and urinal built along the outer wall of his house at Lal Darwaza Bazar, causing unbearable stench and unsanitary conditions. Despite repeated complaints, he alleged no effective action was taken.
While the MCD claimed routine cleaning and inspection, a joint site visit ordered earlier found relocation at the spot suggested by the petitioner unfeasible. The petitioner further argued that under the Solid Waste Management Rules, door-to-door garbage collection was mandatory, making an open community bin unnecessary in a residential area.
The Court found that the installation had turned into a persistent public nuisance, observing that a hygienic environment is integral to the right to life under Article 21 of the Constitution. Noting that the photographs on record reflected “deplorable condition,” the Bench held that the existence of an open garbage bin and urinal immediately outside the residence infringed the petitioner’s fundamental rights.
It directed the MCD to demolish both structures within four weeks and to install properly covered bins for segregated waste at a suitable distance from the property.
Case Title: Rachit Gupta Vs. Government Of Nct Of Delhi And Ors.
Case No.: W.P.(C) 13633/2024 & CM APPL. 57027/2024
Coram: Hon'ble. Justice Amit Bansal
Advocate for the Petitioner: Adv. Vimit Tyagi,
Advocate for the Respondent: Adv. Rachita Garg, Adv. Agam Rajput, Adv Aditya Vaibhav Singh, Adv. Ashutosh Kumar Tiwari, Adv. Riya Parihar,
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