Legal Provisions Involved: Article 21 of the Constitution of India
Judgement by: High Court of Delhi
Judge/Bench: Hon’ble Mr. Justice Amit Bansal
Facts
The petitioner filed a writ petition seeking demolition of an unauthorised open garbage bin and public urinal constructed on the eastern walls of his property. Approximately 150 neighbourhood residents used these facilities, causing severe nuisance. Despite repeated requests to authorities, no remedial action was taken.
Key Legal Provisions
Article 21 of the Constitution of India
Issues raised
- Whether the unauthorised garbage bin and urinal constitute a nuisance violating the petitioner’s fundamental rights?
- Whether the right to a clean and healthy environment falls within Article 21?
Arguments of the case
The Appellant argued that the open garbage bin and urinal cause stench and unhygienic conditions and that MCD must collect garbage from houses under Solid Waste Management Rules. The Respondent on the other hand argued that regular inspection and cleaning is conducted, moreover, the alternative site proposed by petitioner was not feasible.
Judgement
The Court held that the presence of the open garbage bin and public urinal violated the petitioner’s right to live with dignity under Article 21, which encompasses the right to a clean environment.
Click here to VIEW the full judgement.
