Cleanliness madatory: Delhi High Court's landmark order against open dustbins and unhygienic urinals

New Delhi: The Delhi High Court has directed the Municipal Corporation of Delhi (MCD) to demolish an open garbage bin and a public urinal constructed next to a residential property in Old Delhi. The court held that their presence violated the resident’s right to live in a clean and healthy environment under Article 21 of the Constitution.

A single-judge bench of Justice Amit Bansal passed the order while disposing of a writ petition filed by an advocate who appeared in person.

The court observed that an open dustbin and public urinal located beside a residential house amounted to a clear nuisance. It said such facilities forced residents to live in unhygienic conditions.

The Delhi High Court directed the MCD to “forthwith demolish the open dustbin and the urinal next to the house of the petitioner” within four weeks.

Petition cites unhygienic conditions

The petitioner told the court that the civic authorities had constructed an unauthorised open garbage bin and urinal along the eastern wall of his property. He alleged that nearly 150 local residents dump waste and use the urinal at the site, leading to foul smell and unsanitary conditions.

He said repeated representations to the authorities seeking relocation of the facilities and maintenance of sanitation had yielded no results.

In its status report, the MCD submitted that the urinal was being regularly inspected and cleaned. It added that a joint inspection was conducted following an earlier court order. However, the alternative site suggested by the petitioner was found to be infeasible.

Right to live with dignity

The petitioner argued that the locality is predominantly residential. He said most houses have private toilets, making a public urinal unnecessary. He also cited the Solid Waste Management Rules, which require door-to-door garbage collection rather than open dumping points.

After hearing both sides, Justice Bansal held that the presence of an open garbage bin and public urinal outside the petitioner’s home was “undoubtedly a nuisance”.

The court observed that a hygienic environment is integral to a healthy life. It said the absence of such conditions undermines the right to live with dignity.

The bench ruled that the facilities “clearly violate” the petitioner’s right to life under Article 21, which includes the right to live in a clean and healthy environment.

Along with ordering demolition within four weeks, the Delhi High Court directed the MCD to install a covered dustbin for segregation of dry and wet waste at a suitable distance from the petitioner’s property.

The ruling reinforces judicial scrutiny of civic bodies over sanitation, waste management and environmental rights in residential areas.

IANS