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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Chetan Samajik Pratishthan – Appellant
Versus
Municipal Corporation of Gr. Mumbai – Respondent
| Table of Content |
|---|
| 1. dereliction of sanitation duties in large municipal slum. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. municipal authority over sanitation in slum areas. (Para 7 , 8 , 9) |
| 3. mandate to construct and repair toilets promptly. (Para 10 , 11) |
| 4. sanitation access fundamental under article 21. (Para 12 , 13) |
| 5. ongoing municipal duties for slum hygiene and health. (Para 14 , 15) |
| 6. alternate toilets required during redevelopment. (Para 16 , 17) |
| 7. strict enforcement of sanitation rights per precedent. (Para 18 , 19 , 20 , 21) |
ORDER :
G. S. Kulkarni , J.
1. In regard to an extraordinarily large slum rehabilitation at Buddha Nagar, Govandi, Mumbai which is on the municipal land, the petitioners have brought to the fore an important issue, namely, of total dereliction of the duties and obligations by the officers of the Municipal Corporation of Greater Mumbai (MCGM), as also the Slum Rehabilitation Authority (for short “SRA”), in failing to provide the basic sanitation facilities of toilet blocks, as also in not maintaining and repairing the existing toilet blocks, which are stated to be in dilapidated condition.
2. Learned Counsel for the petitioner has submitted that the slum in question is
Municipal corporations obligated to provide adequate toilet facilities and maintenance in slums on public land as fundamental right under Articles 14 and 21, irrespective of encroachments or partial ....
Municipality - Citizens are entitled to enjoy a clean and healthy environment both in buildings and in open, which is a right emanating from Article 21 of the Constitution of India dealing with the p....
Swachha Bharat Mission - Claim entitlement to land - When the Plaintiff does not have title to C.T.S. merely on basis of lay out, it cannot claim entitlement to land where old toilet block existed wh....
The right to clean and safe public toilets for women is essential for dignity and health, recognized under Article 21 of the Constitution.
The judgment established that encroachment on public land does not entitle slum dwellers to demand rehabilitation on the same land or in the vicinity, and criticized the State Government's policy rew....
A municipal corporation can be held liable for negligence in maintaining public infrastructure, resulting in water logging and damages to private properties, warranting enhanced compensation.
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