HC raps Delhi’s civic bodies over poor public toilet upkeep

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela said that although Delhi was staking its claim to organise the Olympics in 2036, the city’s condition has remained unchanged for 43 years

New Delhi

The court said that the municipal and development authorities, including the MCD, Delhi Development Authority (DDA) and New Delhi Municipal Council (NDMC), had the primary responsibility to provide adequate public conveniences. (Representative photo)

The Delhi high court on Wednesday pulled up the Capital’s municipal bodies for their failure to take adequate action for the maintenance of toilets and public conveniences in the city, saying that the current state of affairs depicted a “disheartening” and “unfortunate” situation.

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela said that although Delhi was staking its claim to organise the Olympics in 2036, the city’s condition has remained unchanged for 43 years.

“We (Delhi) are staking our claim to hold the Olympics in 2036. Till then, there will be a long time, but things will remain the same. This issue of toilets is as old as humans. It (this problem) has been there since the 1980s. Such matters have been pending and nothing has happened for 43 years, therefore consistency. Can we even go 500 metres near this?” the bench said to the Municipal Corporation of Delhi’s (MCD’s) counsel.

The court said that the municipal and development authorities, including the MCD, Delhi Development Authority (DDA) and New Delhi Municipal Council (NDMC), had the primary responsibility to provide adequate public conveniences, since they were created by the legislature for the benefit of the general public and functioned on public money.

“It is unfortunate for the court to deal with the issue relating to providing adequate and appropriate public conveniences, such as toilets to the public at large in the wake of the fact that the municipal authorities and development bodies like MCD and DDA and NDMC, have exhibited complete apathy, insensitivity and dereliction of duty so far as maintenance of these public conveniences are concerned,” the bench said in its order.

“The municipal and development authority need not be reminded repeatedly that under law, it is primarily the responsibility of these authorities to provide adequate public conveniences after all the municipal bodies have been created by the legislature for the benefit of the general populous and they function on public money,” it said.

The court rapped the civic bodies for their dereliction of duty, after perusing reports tendered by the counsel for the petitioner Jan Seva Welfare Society, an NGO, highlighting the deplorable conditions of public conveniences maintained by the MCD.

In its petition, the NGO sought directions to municipal authorities to ensure the availability of hygienic public toilets with clean water and electricity in the Capital.

In its order, the court directed the authorities to prepare a comprehensive plan for their upkeep at the highest level by July 23 based on a study by the experts. “In these circumstances, we direct that the matter shall be taken up by the MCD, NDMC and the DDA at the highest level and a comprehensive plan shall be prepared by these authorities in their respective territorial jurisdiction and the plan shall be based on the appropriate study to be conducted by the experts,” the court said.

Setting July 23 as the next date of hearing, the court further directed the authorities to take appropriate steps to ensure the proper functioning of public conveniences. “In the meantime, we direct that appropriate authorities of MCD, NDMC and DDA shall take appropriate steps to ensure that public conveniences function appropriately. The MCD is thus directed to take remedial measures to make at least these toilets functional,” it said in the order.