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DELHI HIGH COURT
GITA MITTAL
Bhagwati Foundation – Appellant
Versus
Commissioner of Municipal Corporation of Delhi – Respondent


JUDGMENT

GITA MITTAL, J.

1. By this judgment, I propose to dispose of a bunch of writ petitions all laying a challenge to a decision taken by the Municipal Corporation of Delhi (referred to as MCD hereafter) to transfer all Community Toilet Complexes (hereinafter referred to as CTCs) constructed by it and under its jurisdiction for operation and maintenance to the Sulabh International Social Service Organisations (referred to as Sulabh for brevity) and cancellation of the agreements with the petitioners and other Non-Governmental Agencies (referred to as NGOs) to whom they were handed over for operation and maintenance. The challenge has been laid primarily on grounds of violation of Article 14 of the Constitution of India so far as the decision to hand over the CTCs to Sulabh is concerned while the cancellation of the allotments of the NGOs is challenged on grounds of arbitrariness, malafide, illegality and violation of principles of natural justice.

2. Sanitation is undoubtedly a basic service which is a right which must be ensured to every citizen, be it an adult or a child. Sanitation is a felt need while hygiene is important to health. This is a service which needs to be im

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