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 rehabilitation schemes.

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 situated on a large area of land belonging to the MCGM admeasuring about 1,83,000 sq. meters, having more than 4000 residents, who are residing in the hutments constructed on the municipal land. Also, there are commercial structures set up by the encroachers.

3. Our attention is drawn to a work order dated 9 July 2019 (Exhibit D) issued to one M/s. Riddhi Enterprises awarding the work of construction of these toilets, being awarded under the Slum Sanitation Programme. The grievance of the petitioner is of the dismal state of such toilets. The toilets of which the photographs are placed on record, are in a ruinous condition, pathetically maintained in regard to their cleanliness and hygiene. No repairs are being undertaken by the municipal corporation. The reason inter alia being that part of the land admeasuring 1449.15 sq. meter is the subject matter of a slum rehabilitation scheme for which a Letter of Intent was issued by the SRA dated 13 October 2020, in favour of respondent no. 4-Buddha Prarthana Relators Pvt Ltd., appointed by one Survodaya SRA Co-op. Housing Society formed by the slum dwellers of about 60 hutments. Such slum scheme is stated to be for rehabilitation of only 36 eligible rehabilitation residential slum dwellers, out of which two are provisional residential rehabilitation, fourteen are eligible for commercial rehabilitation and six are for provisional commercial rehabilitation as set out in Exhibit R-1 of the affidavit filed on behalf of the SRA of Shri. G. B. Gagare, Executive Engineer.

4. Thus, the case of the petitioners is that apart from such Letter of Intent issued by the SRA, presently, the remaining area of Buddha Nagar is not the subject matter of any slum rehabilitation scheme on this land belonging to MCGM.

5. The petitioners raising such grievances addressed a letter dated 12 October 2022 to the Chief Executive Officer, SRA in regard to upkeepment and providing of the sanitary / toilet blocks requirements, essential for such large slums. In such letter, the petitioner categorically recorded that Buddha Nagar 2 has 376 hutments, Bhaiyasaheb nagar has 276 hutments and New Lumbini baug has 202 hutments, and that there are only 60 toilet blocks (seats) (20+20+10+10 = 60) which are in dilapidated condition. It was stated that the population (residents) of these areas was about 4270 and despite such large slum population, only 60 toilet blocks (seats) were provided. It was further recorded that if any of these toilet blocks were demolished and constructed elsewhere, the occupants of the slum structures would not only be deprived of the toilet facilities but would be required to walk a long distance for the basic sanitary needs.

6. We find from the petition that the municipal corporation is arrayed as respondent No.1 and the As