ORDER

% 26.02.2024 CM APPL.11432/2024 (Exemption) Allowed, subject to all just exceptions.

Application stands disposed of.

W.P.(C) 2799/2024 &CM APPL.11433/2024 (Stay)

1. The present petition has been filed by the petitioner, a senior citizen being aggrieved by the actions of respondent nos.1 and 2 in seeking to construct a double-storey urinal in an area which is in the vicinity of the petitioner‟s residential premises i.e. house bearing No.9/501, Subhash Road, Tikona Park, Gandhi Nagar, Delhi

2. It is averred in the petition that the urinal which is already existing at the site is a public nuisance due the unhygienic conditions therein, the lack of maintenance thereof and the inconvenience/nuisance caused to the petitioner on account of its operation.

3. It is submitted that the respondent no.1 has the statutory duty and obligation as provided under Delhi Municipal Corporation Act, 1951 and the Delhi Municipal (Sanitation & Public Health) Bye Laws, 1959 to ensure that the urinal is maintained in a hygienic manner and in a manner so as to not unnecessary cause inconvenience and nuisance to the residents in the surrounding area.

4. It is contended that the construction of a new double-storey urinal facility by demolishing the existing structure will cause even greater inconvenience and nuisance to the petitioner and residents in the surrounding area.

5. Issue notice.

6. Learned counsel, as aforesaid, appears and accepts notice on behalf of respondent no.1.

7. Issue notice to the respondent no.2, on necessary steps being taken by the petitioner, through all permissible modes, including electronically. Dasti in addition.

8. The respondent no.1/MCD is directed to file an affidavit inter-alia stating as under:

(i) Whether the existing urinal is maintained in a proper and hygienic manner, together with the details of the agency/ personnel entrusted with the task of maintaining the same;

(ii) The feasibility study and the sanctioned plan in respect of the proposed double-storey urinal, and the mechanism set in place to ensure that the same does not cause inconvenience to the residents of the locality, including the petitioner;

(iii) Whether it is expedient to shift the urinal to another place which causes minimal inconvenience to the local residents.

9. Let the said affidavit be filed within a period of three weeks.

10. List on 08.04.2024. SACHIN DATTA, J FEBRUARY 26, 2024/cl